








'^<^. 







A SCHOOL MANUAL 

FOR THE USE OF 

Officers and Teachers 

IN THE 

Public Schools of California 



COMPRISING 



HE Constitution of the United States; the Constitution 
OF California; the School Law of California; a Digest 
of Decisions rendered by the Sipreme Court on matters 
relating to the Public Schools; Opinions of Attor- 
ney-Generals ON School Questions; and Opinions 
rendered by the several Superintendents of 
Public Instruction from the Adoption 
OF the New Constitution to 
the present time. 



COMPII.KI) BY 

JAMES WRIGHT ANDERSON 

Superintendent of Public lN^»l?^T:Q8NC0^(y . 



\% ^ SACRAMENTO 

1893 




v^'^t 



.-A 

6 3 



■v-^^ 



Copyright, 1893, 

BY 

James Wright Anderson, 



^tf 



PREFACE. 



During my incumbency as Superintendent of Schools in 
San Francisco, and, more particularly, during the time 
occupied in my present position, have I felt the need of a 
reference book upon matters connected with the laws 
governing our public schools. The existence of this need 
on my own part induced me to undertake the compiling 
of this Manual. Notwithstanding my long experience as 
a teacher both in public and private schools, I found, on 
assuming the discharge of duties appertaining to the Su- 
perintendency, that I was comparatively unlettered in tlie 
law under which our public schools are organized, and 
that I knew but little regarding the many questions that 
are continually arising relative to the schools. Feeling 
my own need, and in order that I might enable myself to 
reply properly to the many and varied questions which 
were daily presented to me, I compiled for my own use 
and assistance the decisions of the Supreme Court upon 
school questions since the organization of the State; also 
the opinions of the several Attorney-Generals, and of my 
predecessors in this office. These I have diligentlj' and 
carefully studied, and, having derived great benefit from 
the study, I venture to give opportunity for like benefit 
to others. 

That there is great need on the part of school officers 
and teachers for a more thorough umlerstanding of our 
school law, and of the mode of applying and executing it, 
there can be no doubt. I think I am within the limits of 
proper moderation in saying that fully one-half of the time 



of the State Superintendent has to be devoted to answer- 
ing interrogatories presented to him by trustees and 
teachers — questions not difficult to answer when one has 
the assistance of a. proper book of reference. Even our 
Superintendents often find themselves under the necessity 
(jf seeking information from the State Superintendent, 
simply because no work has been, at any time, published 
in this State that would afibrd the desired assistance. 

There are many collateral points of law which I desired 
to present ; but I found that I could not include these 
without making the book too large for convenient use. 
For brevity's sake, also, I have omitted the index to the 
Decisions of the Supreme Court, and to the Opinions of 
the Attorney-Generals. The opinions expressed by my 
predecessors and myself, I have collated as well as pos- 
sible under proper headings. 

The volume is crude. I have not had time to make it 
any better. Such as it is I send it out in the hope that 
it may serve a useful purpose in aiding our Superintend- 
ents, our Trustees, and our Teachers, in obtaining a more 
complete understanding of our school law, and in relieving 
this office of much of the labor now imposed. 

J. W. ANDERSON, 

Superintendent of Public Instruction. 
October 9th, 1893. 



CONTENTS. 



Page 

Preface 3 

ludex to Constitution of the United States 7 

Index to Constitution of the State of California 13 

Constitution of the United States 21 

Amendments to Constitution of the United States 38 

Constitution of the State of California 44 

Index to School Law of California 115 

School Law of California 144 

Supreme Court Decisions 239 

Opinions of Attorney-Generals 253 

Opinions of State Superintendents , 280 



INDEX TO CONSTITUTION UNITED STATES. 



Page. 

Article I— Legislative Department 21 

Akticle II— Exkcutivb Department 29 

Article III— Judicial I^epartment 33 

Article IV— State Acts 34 

Article V— Amendments 35 

Article VI— Promiscuous Provisions 31) 

Article VII— Ratification of, what Necessary 37 



Section 1. 
Section 2. 



Section 3. 



Section 4. 
Section 5. 



Section 6. 



ARTICLE L 
legislative department. 

Legislative power, Congress 21 

House of Representatives ; 21 

1. Members, when and by whom chosen 21 

2. Qualifications 21 

3. Apportionment ol Representatives, and di- 

rect taxes 21 

4. Vacancies 22 

5. Speaker. Impeachment 22 

Senate , 22 

1. Senators 22 

2. Divided into classes. Vacancies 22 

3. Qualifications 23 

4. President of Senate 23 

5. Other officers 23 

6. Impeachment 23 

7. Judgment on impeachment 23 

Congress. 24 

1. Election for Senators and Representatives. 24 

2. Sessions of Congress 24 

Powers of Houses of Congress. ... 24 

1. Judges of qualifications of their own mem- 24 

bers. Quorum 

2. Rules of proceeding. Expulsions 24 

3. Journals 24 

4. Adjournments 24 

Compensation and duties of members 24 

1. Compensation of members. Privileges of 24 

Senators and Representatives 

2. Disabilities 25 



INDEX. 



Section 7. Enactment of laws 25 

1. Revenue bills. Where to originate 25 

2. Manner of passage and President's appro- 

val. How passed without Pres. approval 25 

3. Orders, resolutions, and votes. President's 

approval 2G 

Section 8. Powers of Congress 26 

1. Taxes, duties, etc. Common defense and 

general welfare 26 

2. To borrow money 2G 

3. To regulate commerce 26 

4. Naturalization. Bankruptcies 26 

5. Coining money. Weights and measures.. . 26 
G. Punishment of counterfeiting 26 

7. Post office and post roads 26 

8. Patents and copyrights 27 

9. Courts 27 

10. Piracy and other offenses 27 

11. To declare war, etc 27 

12. Raising armv.. 27 

13. Navy '. 27 

14. Army and navy regulations 27 

15. Militia. Insurrection, etc 27 

16. Organizing, arming, and disciplining militia 27 

17. Exclusive legislative power over seat of 

government, forts, etc 27 

18. To make laws necessary to carry powers 

into eflFect 27 

Section 9. Limitation of the powers of Congress.. 28 

1. Migration or importation of persons 28 

2. Habeas corpus not to be suspended 28 

3. Attainder and ex post facto laws prohibited 28 

4. Capitation and direct taxes 28 

5. Exports 28 

6. Commercial regulations 28 

7. Public moneys and accounts 28 

8. Titles of nobility. Presents, etc 28 

Section 10. Limitation of the powers of States 29 

1. Treaties, lettersof marque, coinage of mon- 

ey, bills of credit, etc., attainder, ex post 
facto laws, impairing contracts. Titles. . 29 

2. Imposts or duties on imports or exports, etc. 29 

3. Duties of tonnage, keeping troops in time 

of peace, engaging in war, treaties, etc.. 29 

ARTICLE n. 

executive department. 

Section 1. Powers of Executive 29 

1. President and Vice-President. Terms of. . 29 

2. Electors 29 



INDEX, 



9 



3. Manner of choosing President by Electors. 

Superseded by Twelfth Amendment 30 

4. Time of choosing Electors 30 

5. President's qualifications 31 

6. Vacancy in office of ... 31 

7. Salary 31 

8. Oath 31 

Section 2. Other powers and duties 31 

1. Act as Commander-in-Chief. Reprieves, 

pardons 31 

2. To make treaties, how. Appointments... 32 

3. To fill vacancies 32 

Section 3. Messages to, and power of assembling and ad- 
journing Congress. Reception of Embassa- 
dors, etc. Commissioning officers 32 

Section 4. Removal of officers on impeachment 33 

ARTICLE III. 
judicial department. 
Section 1. Supreme and inferior Courts. Term of office 

and compensation of Judges 33 

Section 2. Judicial Powers 33 

1. Jurisdiction of Supreme Court 33 

2. Original and appellate 33 

3. Jury trials, when allowed 34 

Section 3. Treason , 34 

1. Definition and evidence of 34 

2. Punishment of 34 

ARTICLE IV. 

state acts. 

Skction 1. Evidence of acts and official records of states.. 34 

Section 2. Privileges of citizens 34 

1. Entitled to same alike in every State 34 

2. Fugitives from justice 34 

3. Fugitives from servitude 35 

Section 3. New States 35 

1. Admission of 35 

2. Power of the United States over territorial 

and other property 35 

Section 4. United States to guarantee to each State a re- 
publican form of government and protection 
against invasion , 35 

ARTICLE V. 

amendments. 

Section 1. Manner of making amendments to Constitution. 35 



10 



INDEX. 



ARTICLE VI. 

PROMISCUOUS PKOVISIONS. 

Section 1. General provisions 36 

1. Debts 36 

2. Supreme law of the land 36 

3. Oath to support Constitution. No religious 

test 36 

ARTICLE VII. 

RATIFICATION OF CONSTITUTION. 

Section 1. What sufficient for ratification 37 



INDEX TO AMENDMENTS TO CONSTITUTION U. S. 



Article 


I. 


Article 


11. 


Article 


Ill, 


Article 


IV, 


Article 


V. 


Article 


VL 


Article 


VIL 


Article 


Vlll. 


Article 


IX. 


Article 


X. 


Article 


XL 


Article 


XII. 


Article '. 


XIII. 


Article 


XIV. 


Article XV. 



Restriction on Power op Congress 38 

Right to Bear Arms 38 

Billeting Soldiers 38 

Seizures, Searches, and Warrants 38 

Criminal Proceedings and Condemnation 

OP Property 38 

Mode op Trial in Criminal Proceedings. . 39 

Trial by Jury 39 

Bails— Fines— Punishments 39 

Certain Rights not Denied the People. . . 40 

States Rights 40 

Judicial Powers 40 

Election op President and Vice-President 40 

Slavkry 41 

Citizenship, Representation, and Pay-" 

MENT op Public Debt 42 

Elective Franchise 43 



ARTICLE I. 
restriction on power of congress. 
Section 1. Free exercise of religion, speech, etc., and 

right of people to assemble 38 



INDEX. 



11 



ARTICLE 11. 

EIGHT TO BEAR ABMS. 

Section 1. Eight not to be denied to people 38 

ARTICLE III. 

BILLETING OF SOLDIERS. 

Section 1. No soldiers to be billeted, etc 38 

ARTICLE IV. 

SEIZURES, SEARCHES AND WARRANTS. 

Section 1. Unreasonable searches, seizures and warrants 

prohibited 38 

ARTICLE V. 
criminal proceedings and condemnation of troperty. 
Section 1. No person to be held to answer for certain 
crimes, except on indictment. Exception — 
not to be twice tried for same offense; not to 
be a witness against himself; right to com- 
pensation for property condemned 38 

ARTICLE VL 

MODE OF TRIAL IN CRIMINAL PROCEEDINGS. 

Section 1. Accused entitled to speedy trial ; to confront 

witnesses; to have counsel; place of trial, etc . 39 

ARTICLE VII. 

TRIAL BY JURY. 

Section 1. Right of trial by jury in civil actions 39 

ARTICLE VIII. 

BAILS— fines —punishments. 

Section 1. Not to be excessive 39 

ARTICLE IX. 

certain rights not denied to the people. 

Section 1. Rights of people not disparaged by Const'n. . , 40 

ARTICLE X. 

STATES RIGHTS. 

Section 1. Certain powers reserved to the States or to the 

people 40 

ARTICLE XL 

.iudicial powers. 

Section 1. Limitation on 40 



12 



INDEX. 



ARTICLE XII. 

ELECTION OP PRESIDENT AND VICE-PEESIDENT. 

Section 1. Manner of election, etc 40 

ARTICLE XIII. 

SLAVEKY. 

Section 1. Slavery prohibited 41 

Section 2. Enforcement of this article by Congress 42 

ARTICLE XIV. 
citizenship, representation, and payment of public debt. 

Section 1. Who are citizens— rights of 42 

Section 2. Apportionment of representation among the 

several States 42 

Section 3. Certain persons disqualified from holding office; 

removal of disability ; how effected 42 

Section 4. Payment of public debt not to be questioned ; 

debts incurred in aid of rebellion not to be 

assumed 43 

Section 5. Power of Congress to enforce this article 43 

ARTICLE XV. 

elective franchise. 

Section 1 . Right of all citizens to vote 43 

Section 2. Power of Congress to enforce this article 43 



INDEX TO CONSTITUTION OF CALIFORNIA. 



Page. 

Article I— Declaratjon of Rights 44 

Article II— Right of Suffrage 48 

Article III— Distribution of Powers 49 

Article IV— Legislative Department 49 

Article V— Executive Defartment 02 

Akticle VI- Judicial Department Oi? 

Article VII— Pardoning Power 75 

Article VIII — Militia..... , . 7B 

Article IX— Education 77 

Article X— State Institutions and Public Buildings. 80 

Article XI— Cities, Counties and Towns vi 

Article Xli — Corporations 88 

Article XIII— Revenue and Taxation 9(i 

A RTiCLE XIV— Water and Water Rights 100 

Article XV— Harbor Frontages, etc 101 

A RTICLE XVI— State Indebtedness 1(1 

Article X VII— Land and Homestead Exemption 102 

Article XVIII— Amending and Revising the Constitution.103 

Article XTX — Chinese 104 

Article XX— Miscellaneous Subjects 105 

Article XXI— Boundary 108 

Article XXII— Schedule 109 

ARTICLE L 

declaration op rights. 

Section 1. Inalienable rijrhts 44 

2. Source of political power 44 

3. State inseparable from the Union 44 

4. Religious liberty 44 

5. Habeas corpus 45 

6. Bail for criminals 45 

7. Right of trial by jury 45 

8. Offenses, how i)rosecuted 45 

9. Freedom of speech 45 

10. Right of assembly 46 

11. Laws uniform in operation 46 

12. Military subordinate to civil power 46 

13. Right of criminals on trial 46 

14. Private property for public use 47 

15. No imprisonment for debt 47 



14 



INDEX. 



Section 1. 
2. 
3. 
4, 



Section 1. 



Section 1. 
2. 
3. 



No bill of attainder to be passed 47 

Rights of foreigners 47 

Slavery 47 

Search 47 

Treason 48 

Special legislation 48 

Provisions mandatory 48 

Not to impair rights 48 

Property qualification 48 

ARTICLE II. 

EIGHT OF SUFFRAGE. 

Qualifications of voters 48 

Privilege from arrest 49 

Military duty 49 

Loss of residence 49 

Election by ballot 49 

ARTICLE III. 
distribution of powebs. 

Departments of government 49 

ARTICLE IV. 
legislative department. 
Legislative power vested in Senate and Assem'y 49 

Sessions of Legislature, when held 50 

Members of assembly, when elected; terna of 

office 50 

Senators elected, when ; term of office ; quali- 
fications 60 

Number of Senators and Assembl3'men. Sen- 
tors hold over 51 

Legislative districts, how made 51 

Each House to determine its own organization. 52 

A quorum, what 52 

Rules of proceeding ; expulsion 52 

Journal ; yeas and nays 52 

Privilege from arrest 52 

Vacancies, how filled 52 

Open session 52 

Adjournment and recess 53 

Bills, bow passed 53 

Bills, how affected by action of the Governor.. 53 

Power of impeachment 54 

Who may be impeached 54 

Legislators not eligible to certain offices 55 

United States officers not eligible to office 55 

Embezzlers of public moneys 55 



INDEX. 



15 



22. 

23. 
24. 
25. 
26. 
27. 
28. 
29. 
30. 
31. 
32. 

33. 
34. 
35. 



Section 1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 
10. 
11. 
12, 
13. 
14. 
15. 
16. 
17. 
18. 
19. 
20. 



Section 1. 
2. 

3. 
4. 
5. 



Money appropriated for what, and bow drawn 

from the treasury 55 

Compensation of members of Legislature 56 

Subject of Act to be in title 56 

Prohibited lepfislation 57 

Lotteries and stocks 59 

Formation of congressional districts 59 

Elections by Legislature 60 

General appropriation bill to contain 60 

Prohibits support of sects and sectarian schools 60 
Public credit not to be given to corporations. . 60 
Prohibits extra compensation to officers and 

contractors 61 

To regulate charges of public corporations 61 

Appropriation bills to contain but one item 62 

To punish bribery 62 

ARTICLE V. 

EXECUTIVE DEPARTMENT. 

The Executive 62 

How elected 62 

Who eligible 63 

Election, how made known 63 

To be Commander-in-Chief 63 

May require information 63 

Execute the laws 63 

To fill certain vacancies 63 

May convene the Legislature 64 

Governor's message 64 

May adjourn the Legislature, when 64 

No person shall exercise the office 64 

Shall have seal 64 

Form of commission 64 

Lieutenant Governor; qualifications and duties 64 

May become Governor. , 65 

State executive officers 65 

Secretary of State 65 

Compensation of executive officers 65 

Governor ineligible to U. S. Senate 66 

ARTICLE VI. 

JUDICIAL DEPARTMENT. 

Consists of what 66 

Supreme Court; how constituted, and mode of 

procedure 66 

Supreme Court elected, how 68 

Jurisdiction 69 

Superior Court, jurisdiction of 69 



16 



INDEX. 



6. Superior Courts; number of, and how organized 70 

7. Number of sessions 71 

8. Who may try causes 72 

9. Judges not "to leave the State. Number may 

be increased or diminislied 72 

10. Judicial officers, how removed 72 

11. Justices of the Peace 73 

12. Courts of record 73 

13. Jurisdiction of inferior Courts 73 

14. Clerks of Courts 73 

15. Fees 74 

16. Publication of opinions 74 

17. Salaries 74 

18. Ineligible to other office during term 74 

19. Charge to jury 75 

20. Style of process 75 

21. Supreme Court Reporter 75 

22. Judges shall not practice law 75 

23. Eligibility to office , 75 

24. Condition of receiving salary 75 

ARTICLE VII. 

PARDONING POWER. 

Section!. Who may pardon 75 

ARTICLE VIII. 

MILITIA. 

Section 1. Militia, how organized. Governor may call out 7(5 

2. Flag 76 

ARTICLE IX. 

EDUCATION. 

Section 1. Education to be encouraged 77 

2. State Superintendent of Public Instruction 77 

3. County Superintendent of Schools 77 

4. Lands appropriated to the support of schools. 77 

5. Free school in every district 78 

6. The public school system 7h 

7. State text- books 78 

8. Sectarianism 78 

9. State University 79 

ARTICLE X. 

STATE INSTITUTIONS AND PUBLIC BUILDINGS. 

Section 1. State Board of Prison Directors 80 

2. Powers and duties 80 

3. To appoint Warden and Clerk 80 

4. Compensation 80 

5. Acts of Legislature 81 

6. Convict labor 81 



INDEX. 



17 



Section 1. 
2. 
3. 
4. 
5. 
G. 
7. 



15. 
1(5. 
17. 

18. 

19. 



Section 



ARTICLE XT. 

CITIES, COUNTIES AND TOWNS. 

Counties recognized 81 

County seat removed 81 

Establishment of new counties 81 

System of county governments 81 

County ofiBcers 82 

Special municipal corporations prohibited .... 82 

Consolidation of city and county governments. 83 
City of more than 10,000 inhabitants may frame 

charter by election of Board of Freeholders. 83 

Compensation of officers not to be increased.. 86 

Taxes not to be released 86 

Make and enforce local laws 86 

Legislature may not tax for local purposes 86 

Municipal power not to be delegated 87 

State officers may not act as inspectors of mer- 
chandise 87 

Private property not liable for corporate debt. 87 

Treasurer to be custodian of all moneys 87 

Use of public money by officers a felony 87 

Two-thirds vote required to incur indebtedness 

beyond annual income 87 

Public works by individuals bS 

ARTICLE Xn. 

COKPOKATIONS. 

Corporations, how formed and regulated 88 

Dues to be secured, how 89 

Liability of stockholders and directors 89 

" Corporations" explained. Kights of suit .... 89 

Banks not to be chartered 89 

Repeal of existing charters 89 

Franchise not to be extended nor forfeiture re- 
mitted 90 

Property of corporations subject to same laws 

as individual proi)erty 90 

Limitation of tlie business of corporations .... 90 
Owners of franchises not to be released by 

transfer 90 

Issuance of stock 90 

Directors, how elected 91 

State credit may not be loaned 91 

Shall have oflBce in the State. Record of stocks 

open for inspection 91 

Foreign corporations 91 

Where a corporation may be sued 92 

Common carriers, duties 92 



18 



INDEX. 



Section 1. 

2. 
3. 
4. 

5. 
6. 

7. 



Section 1. 



Section 1. 
2. 
3. 



Section 1. 



Interest of an ofBcer or agent limited 92 

Public officers may not receive passes 92 

Earnings not to be shared. Rates not to be in- 
creased 93 

Discrimination forbidden 93 

Railroad Commissioners; number, how elected. 
Qualifications. Powers and duties. Failure 
to conform to rates, how punished. Legisla- 
ture may remove Commissioners 93 

Constitution of railroad districts 95 

Legislature shall enfore 96 

ARTICLE XIII. 

KEVENUE AND TAXATION. 

Property taxed according to value. Property 

includes what 96 

Land, how assessed 96 

Sectionized land, how assessed 97 

Taxation of mortgage interests. Effect of pay- 
ment by owner or security holder 97 

Contract to pay tax on borrowed money void . 97 

Power of taxation not to be impaired 98 

Installments 98 

Property to be certified under oath 98 

State Board of Equalization, how constituted. 

Duties. Controller a member ex-officio 98 

Property, by whom assessed 99 

Income taxes 99 

Poll tax 99 

Legislature to enforce 100 

ARTICLE XIV. 

WATER AND WATER RIGHTS. 

Water rights subject to control of the State. 
Rates to be fixed annually. Penalty for non- 
compliance with rules 100 

Water rights a franchise 101 

ARTICLE XV. 

HARBOR FRONTAGES, ETC. 

Right of the State to frontages 101 

Access to navigable waters not to be obstructed . 101 
Tide lands not to be sold 101 

ARTICLE XVL 

STATE INDEBTEDNESS. 

Liabilities exceeding $300,000, how created.. .101 



INDEX. 



19 



ARTICLE XVII. 

LAND AND HOMESTEAD EXEMPTION. 

Section 1. Homestead exemption 102 

2. Large land holdings discouraged 102 

3. State lands to actual settlers 102 

ARTICLE XVIII. 

AMENDING AND KEVISING THE CONSTITUTION. 

Section 1 . Amendments, how made 103 

2. Convention to revise, how called. Convention, 

hQW constituted. Revision, how ratified 103 



Section 1. 
2. 
3. 
4. 



Section 1. 
2. 
3. 
4. 
5. 
6. 
7. 



9. 
10. 
11. 
12. 
13. 
14. 
15. 
16. 
17. 
18. 
19. 
20. 



Section 1. 



ARTICLE XIX. 

CHINESE. 

Protection against dangerous aliens 104 

Corporations not to employ Chinese 105 

No Chinese on public works 105 

Chinese immigration to be discouraged 105 

ARTICLE XX. 

MISCELLANEOUS SUBJECTS. 

Capital of the State, how changed 105 

Prohibits dueling 106 

Oath of office 106 

Offices created by Legislature 106 

Fiscal year 106 

Suits vs. the State 106 

Marriage contracts 107 

Separate property 107 

Perpetuities 107 

Disqualification for bribery 107 

Elections protected against fraud 107 

Residence 107 

Plurality 107 

State Board of Health 107 

Mechanics' lien 107 

Terms of officers not herein provided for 108 

A day's work 108 

Sex no disability 108 

Expenses of Constitutional Convention 108 

Election of officers, when 108 

ARTICLE XXI. 

BOUNDARY. 

Boundary of the State 108 



20 INDEX. 

ARTICLE XXII. 

SCHEDULE. 

Section 1. Laws in force previous to this Convention 109 

2. Existing obligations and proceedings not im- 

paired 110 

3. Courts abolished 110 

4. Superintendent of Printing to print Constitu- 

tion. Governor to issue proclamation . . 110 

5. Superintendent of State Printing to print bal- 

lots Ill 

6. Clerks of Counties to provide poll books Ill 

7. Who may vote 112 

8. Returns, how canvassed 112 

9. Governor to canvass and issue proclanaation . .113 

10. Terms of officers first elected 113 

11. Present laws applicable until changed 113 

12. When to go into effect 113 



CONSTITUTION OF THE UNITED STATES. 



PREAMBLE. 

, We, the people of the United States, in order to form 
a more perfect union, establish justice, insure domestic 
tranquillity, provide for the common defense, promote the 
general v/elfare, and secure the blessings of liberty to our- 
selves and our posterity, do ordain and establish this 
Constitution for the United States of America. 



ARTICLE I. 

SECTIOIsr 1. 
1. All legislative powers herein granted shall be vested 
in a Congress of the United States, which shall consist of 
a Senate and House of Representatives. 

Section 2. 

1. The House of Representatives shall be composed of 
members chosen every second year by the people of the 
several States, and the electors in each State shall have 
the qualifications requisite for electors of the most numer- 
ous branch of the State Legislature. 

2. No person shall be a Representative who shall not 
have attained the age of twenty-five years and been seven 
years a citizen of the United States, and who shall not, 
when elected, be an inhabitant of that State in which he 
shall be chosen. 

3. [Representatives and direct taxes shall be appor- 
tioned among the several States which may be included 



22 UNITED STATES CONSTITUTION. 

within this Union, according to their respective numbers, 
which shall be determined by adding to the whole num- 
ber of free persons, including those bound to service for a 
term of years, and excluding Indians not taxed, three- 
fifths of all other persons. The actual enumeration shall 
be made within three years after the first meeting of the 
Congress of the United States, and within every subse- 
quent term of ten years, in such manner as they shall by 
law direct. The number of Representatives shall not ex- 
ceed one for every thirty thousand, but each State shall 
have at least one Representative: and until such enumer- 
ation shall be made, the State of New Hampshire shall be 
entitled to choose three, Massachusetts eight, Rhode 
Island and Providence Plantations one, Connecticut five, 
New York six, New Jersey four, Pennsylvania eight, Del- 
aware one, Maryland six, Virginia ten, North Carolina 
five, South Carolina five, Georgia three.] 

This clause has been superseded, so far as it relates to representa- 
tion, by section two of the Fourteenth Amendment to the Consti- 
tution 

4. When vacancies happen in the representation from 
any State, the executive authority thereof shall issue writs 
of election to fill such vacancies. 

5. The House of Representatives shall choose their 
Speaker and other officers, and shall have the sole power 
of impeachment. 

Section 3. 

1. The Senate of the United States shall be composed of 
two Senators from each State, chosen by the Legislature 
thereof, for six years, and each .Senator shall have one 
vote. 

2. Immediately after they shall be assembled in conse- 
quence of the first election, they shall be divided as 
equally as may be into three classes. The seats of the 



UNITED STATES CONSTITUTION. 23 

Senators of the first class shall be vacated at the expira- 
tion of the second year, of the second class at the expira- 
tion of the fourth year, and of the third class at the 
expiration of the sixth year, so that one-third may be 
chosen every second year; and if vacancies happen, by 
resignation or otherwise, during the recess of the Legis- 
lature of any State, the Executive thereof may make 
temporary appointments until the next meeting of the 
Legislature, which shall then fill such vacancies. 

3. No person shall be a Senator who shall not have at- 
tained the age of thirty years and been nine years a citi- 
zen of the United States, and who shall not, when elected, 
be an inhabitant of the State for which he shall be chosen. 

4. The Vice-President of the United States shall be 
President of the Senate, but shall have no voice unless 
they shall be equally divided. 

5. The Senate shall choose their other officers, and have 
a President pro tempore, in the absence of the Vice-Presi- 
dent, or when he shall exercise the office of President of 
the United States. 

6. The Senate shall have the sole power to try all im- 
peachments; when sitting for that purpose, they shall be 
on oath or affirmation. When the President of the United 
States is tried, the Chief Justice shall preside; and no 
person shall be convicted without the concurrence of two- 
thirds of the members present. 

7. Judgment in cases of impeachment shall not extend 
further than to removal from office and disqualification to 
hold and enjoy any office of honor, trust, or profit, under 
the United States; but the i^arty convicted shall, never- 
theless, be liable and subject to indictment, trial, judg- 
ment, and punishment according to law. 



24 united states constitution. 

Section 4. 

T. The times, places, and manner of holding elections 
for Senators and Representatives shall be prescribed in 
each State by the Legislature thereof; but the Congress 
may at any time, by law, make or alter such regulations, 
except as to the places of choosing Senators. 

2. The Congress shall assemble at least once in every 
year, and such meeting shall be on the first Monday in 
December, unless they shall, by law, appoint a different 

day. 

Section 5. 

1. Each house shall be the judge of the elections, re- 
turns, and qualifications of its own members, and a ma- 
jority of each shall constitute a quorum to do business; 
but a smaller number may adjourn from day to day, and 
may be authorized to compel the attendance of absent 
members, in such manner and under such penalties as 
each house may provide. 

2. Each house may determine the rules of its proceed- 
ings, punish its members for disorderly behavior, and, 
with the concurrence of two-thirds, expel a member. 

3. Each house shall keep a journal of its proceedings, 
and from time to time publish the same, excepting such 
parts as may, in their judgment, require secrecy; and the 
ayes and noes of the members of either house, on any 
question, shall, at the desire of one -fifth of those present, 
be entered on the journal. 

4. Neither house, during the session of Congress, shall, 
without the consent of the other, adjourn for more than 
three days, nor to any other place than that in which the 
two houses shall be sitting. 

Section 6. 
1. The Senators and Representatives shall receive a 
compensation for their services, to be ascertained by law, 



UNITED STATES CONSTITUTION. 25 

and paid out of the Treasury of the United States. They 
shall, in all cases, except treason, felony, and breach of 
the peace, be i^rivileged from arrest during their attend- 
ance at the session of their respective houses, and in going 
to and returning from the same; and for any speech or 
debate, in either house, they shall not be questioned in 
an}^ other place. 

2. No Senator or Representative shall, during the time 
for which he was elected, be appointed to auy civil office 
under the authority of the United States, which shall 
have been created, or the emoluments whereof shall have 
been increased, during such time; and no person holding 
any ofBce under the United States shall be a member of 
either house during his continuance in office. 

Section 7. 

1. All bills for raising revenue shall originate in the 
House of Representatives; but the Senate may propose or 
concur with amendments on other bills. 

2. Every bill which sliall have passed the House of 
Representatives and the Senate, shall, before it becomes a 
law, be presented to the President of the United States; 
if he approve, he shall sign it, but if not, he shall return 
it, with his objections, to that house in which it shall 
have originated, who shall enter the objections at large on 
their journal, and proceed to reconsider it. If, after such 
reconsideration, two-thirds of that house shall agree to 
pass the bill, it shall be sent, together with the objections, 
to the other house, by which it shall likewise be recon- 
sidered, and if approved by two-thirds of that house, it 
shall become a law. But in all such cases the votes of 
both houses shall be determined by the ayes and noes; and 
the names of the persons voting for and against the bill 
shall be entered on the journal of each house respectively. 



26 UNITED STATES CONSTITUTION. 

If any bill shall not be returned by the President within 
ten days (Sundays excepted) after it shall have been pre- 
sented to him, the same shall be a law, in like manner as 
if he had signed it, unless the Congress, by their adjourn- 
ment, prevent its return, in which case it shall not be a 
law. 

3. Every order, resolution, or vote, to which the con- 
currence of the Senate and the House of Representatives 
may be necessary (except on a question of adjournment), 
shall be presented to the President of the United States; 
and, before the same shall take efifect, shall be approved 
by him, or, being disapproved by him, shall be repassed 
by two-thirds of the Senate and House of Representatives, 
according to the rules and limitations prescribed in the 
case of a bill. 

Section 8. 

1. The Congress shall have power to lay and collect 
taxes, duties, imposts, and excises, to pay the debts and 
provide for the common defense and general welfare of the 
United States; but all duties, imposts, and excises shall 
be uniform throughout the United States. 

2. To borrow money on the credit of the United States. 

3. To regulate commerce with foreign nations, and 
among the several States, and with the Indian tribes. 

4. To establish an uniform rule of naturalization, and 
uniform laws on the subject of bankruptcies throughout 
the United States. 

5. To coin money, regulate the value thereof, and of 
foreign coins, and fix the standard of weights and meas- 
ures. 

6. To provide for the punishment of counterfeiting the 
securities and current coin of the United States. 

7. To establish post offices and post roads. 



UNITED STATES CONSTITUTION. 27 

8. To promote the progress of science and useful arts, 
by securing, for liniited times, to authors and inventors, 
the exclusive I'ight to their respective writings and dis- 
coveries. 

9. To constitute tribunals inferior to the Supreme Court. 

10. To define and punish piracies and felonies committed 
on the high seas, and offenses against the laws of nations. 

11. To declare war, grant letters of marque and reprisal, 
and make rules concerning captures on land and water. 

12. To raise and support armies; but no appropriation 
of money to that use shall be for a longer term than two 
years. 

13. To provide and maintain a navy. 

14. To make rules for the government and regulation of 
the land and naval forces. 

15. To provide for calling forth the militia to execute 
the laws of the Union, suppress insurrections, and repel 
invasions. 

16. To provide for organizing, arming, and disciplining 
the militia, and for governing such part of them as may be 
employed in the service of the United States, reserving to 
the States, respectively, the appointment of the oflBcers, 
and the authority of training the militia according to the 
discipline prescribed by Congress. 

17. To exercise exclusive legislation, in all cases what- 
soever, over such district (not exceeding ten miles square) 
as may, by cession of particular States, and the acceptance 
of Congress, become the seat of Government of the United 
States, and to exercise like authority over all places pur- 
chased by the consent of the Legislature of the State in 
which the same shall be, for the erection of forts, maga- 
zines, arsenals, dockyards, and other needful buildings. 

18. To make all laws which shall be necessary and 
proper for carrying into execution the foregoing powers, 



28 UNITED STATES CONSTITUTION. 

and all other powers vested by this Constitution in the 
Government of the United States, or in any department 
or officer thereof. 

Section 9. 

1. The migration or importation of such persons as any 
of the States now existing shall think proper to admit, 
shall not be prohibited by Congress prior to the year one 
thousand eight hundred and eight; but a tax or duty may 
be imposed on such importation, not exceeding ten dollars 
for each person. 

2. The privilege of the writ of habeas corpus shall not 
be suspended, unless when in cases of rebellion or invasion, 
the public safety may require it. 

3. No bill of attainder or ex post Jacto law shall be 
passed. 

4. No capitation or other direct tax shall be laid, unless 
in proportion to the census or enumeration hereinbefore 
directed to be taken. 

5. No tax or duty shall be laid on articles exported 
from any State. 

6. No preference shall be given, by any regulation of 
commerce or revenue, to the ports of one State over those 
of another; nor shall vessels bound to or from one State 
be obliged to enter, clear, or pay duties in another. 

7. No money shall be drawn from the treasury, but in 
consequence of appropriations made by law; and a regular 
statement and account of the receipts and expenditures of 
all public money shall be published from time to time. 

8. No title of nobility shall be granted by the United 
States; and no person holding any office of profit or trust 
under them shall, without the consent of the Congress, 
accept of any present, emolument, office, or title, of any 
kind whatev^er, from any King, Prince, or foreign State. 



united states constitution. 29 

Section 10. 

1. No State shall enter into any treaty, alliance, or con- 
federation; grant letters of marque and reprisal; coin 
money; emit bills of credit; make anything but gold and 
silver coin a tender in payment of debts; pass any bill of 
attainder, ex post facto law, or law impairing the obligation 
of contracts, or grant any title of nobility. 

2. No State shall, without the consent of the Congress, 
lay any imposts or duties on imports or exports, except 
what may be absolutely necessary for executing its in- 
spection laws; and the net produce of all duties and im- 
posts, laid by any State on imports or exports, shall be 
for the use of the treasury of the United States, and all 
such laws shall be subject to the revision and control of 
tiie Congress. 

?,. No State shall, without the consent of Congress, lay 
any duty of tonnage, keep troops or ships of w-ar in time 
of peace, enter into any agreement or compact with an- 
other State or with a foreign power, or engage in war, un- 
less actually invaded or in such imminent danger as will 
not admit of delay. 

ARTICLE II. 
Section 1. 

1. The executive power shall be vested in a President 
of tlie United States of America. He shall hold his office 
during the term of four years, and together with the Vice- 
President, chosen for the same term, be elected as follows: 

2. Each State shall appoint, in such manner as the 
Legislature thereof maj' direct, a number of Electors equal 
to the whole number of Senators and Representatives to 
which the State may be entitled in the Congress; but no 
Senator or Representative, or person holding an office of 
trust or profit under the United States, shall be appointed 
an Elector. 



30 UNITED STATES CONSTITUTION. 

3. [The Electors shall meet in their respective States and 
vote by ballot for two persons, of whom one at least shall 
not be an inhabitant of the same State with themselves. 
And they shall make a list of all the persons voted for, 
and of the number of votes for each; which list they shall 
sign and certify, and transmit sealed to the seat of Govern- 
ment of the United States, directed to the President of 
the Senate. The President of the Senate shall, in the 
presence of the Senate and House of RejDresentatives, open 
all the certificates, and the votes shall then be counted. 
The person having the greatest number of votes shall be 
the President, if such number be a majority of the whole 
number of Electors appointed; and if there be more than 
one who have such majority, and have an equal number of 
votes, then the House of Representatives shall imme- 
diately choose by ballot one of them for President; and if 
no person have a majority, then from the five highest on 
the list, the said house shall, in like manner, choose the 
President. But, in choosing the President, the vote shall 
be taken by States, the representation from each State 
having one vote; a quorum for this purpose shall consist 
of a member or members from two-thirds of the States, 
and a majority of all the States shall be necessary to a 
choice. In every case after the choice of the President, 
the person having the greatest number of votes of the 
Electors shall be the Vice-President. But if there should 
remain two or more who have equal votes, the Senate shall 
choose from them, by ballot, the Vice-President.] 

This clause has been superseded by the Twelfth Amendment to 
the Constitution. 

4. The Congress may determine the time of choosing 
the Electors, and the day on which they shall give their 
votes; which day shall be the same throughout the United 
States. 



UNITED STATES CONSTITUTION. 31 

5. No persou except a natural-born citizen, or a citizen 
of the United States at the time of the adoption of this 
Constitution, shall be eligible to the office of President, 
neither shall any person be eligible to that office who shall 
not have attained the age of thirty -five years, and been 
fourteen years a resident within the United States. 

6. In case of the removal of the President from office, or 
of his death, resignation, or inability to discharge the 
powers and duties of the said office, the same shall devolve 
on the Vice-President, and the Congress may, by law, pro- 
vide for the case of removal, death, resignation, or ina- 
bility, both of the President and Vice-President, declaring 
what officer shall then act as President, and such officer 
shall act accordingly, until the disability be removed, or a 
President shall be elected. 

7. The President shall, at stated times, receive for his 
services a compensation, which shall neither be increased 
nor diminished during the period for which he shall have 
been elected, and he shall not receive within that period 
any other emolument from the United States or any of 
them. 

8. Before he enters on the execution of his office, he 
shall take the following oath or affirmation: "I do sol- 
emnly swear (or affirm) that I will faithfully execute the 
office of President of the United States, and will, to the 
best of my ability, preserve, protect, and defend the Con- 
stitution of the United States." 

Section 2, 

1. The President shall be Commander-in-Chief of the 
Army and Navy of the United States, and of the militia 
of the several States, when called into the actual service 
of the United States; he may require the opinion, in 
writing, of the principal officer in each of the executive 



32 UNITED STATES CONSTITUTION. 

departments, upon any subject relating to the duties of 
their respective offices; and he shall have power to grant 
reprieves and pardons for offenses against the United 
States, except in cases of impeachment. 

2, He shall have power, by and Avith the advice and 
consent of the Senate, to make treaties, provided two- 
thirds of the Senators present concur; and he shall nomi- 
nate, and, by and with the advice and consent of the 
Senate, shall appoint Embassadors, and other public Min- 
isters and Consuls, Judges of the Supreme Court, and all 
other officers of the United States whose appointments are 
not herein otherwise provided for and which shall be es- 
tablished by law; but the Congress may, by law, vest the 
appointment of such inferior officers as they may think 
proper in the President alone, in the Courts of law, or in 
the heads of departments. 

3. The President shall have power to fill up all vacancies 
that may happen during the recess of the Senate, by 
granting commissions, which shall expire at the end of 
their next session. 

Section 3. 

1. He shall, from time to time, give to the Congress in- 
formation of the state of the Union, and recommend to 
their consideration such measures as he shall judge neces- 
sary and expedient; he may, on extraordinary occasions, 
convene both houses, or either of them, and in case of dis- 
agreement between them, with respect to the time of ad- 
journment, he may adjourn them to such time as he shall 
think proper; he shall receive Embassadors and other 
public Ministers; he shall take care that the laws be faith- 
fully executed, and shall commission all the officers of the 
United States. 



united states constitution, 33 

Section 4. 
1. The President, Vice-President, and all civil officers 
of the United States shall bo removed from office, on im- 
peachment for and conviction of treason, bribery, or other 
high crimes and misdemeanors. 

ARTICLE III. 
Section 1. 

1. The judicial power of the United States shall be 
vested in one Supreme Court, and in such inferior Courts 
as the Congress may, from time to time, ordain and estab- 
lish. The Judges, both of the Supreme and inferior 
Courts, shall hold their offices during good behavior, and 
shall, at stated times, receive for their services a compen- 
sation which shall not be diminished during their con- 
tinuance in office. 

Section 2. 

1. The judicial power shall extend to all cases, in law 
and equity, arising under this Constitution, the laws of 
the United States, and treaties made, or which shall be 
made, under their authority; to all cases affecting Embas- 
sadors, other public Ministers and Consuls; to all cases of 
admiralty and maritime jurisdiction; to controversies to 
which the United States shall be a party; to controversies 
between two or more States; between a State and citizens 
of another State; between citizens of different States; be- 
tween citizens of' the same State claiming lands under 
grants of different States; and between a .State, or the 
citizeus thereof, and foreign States, citizens, or subjects. 

'2. In all cases affecting Embassadors, other public Min- 
isters and Consuls, and those in which a State shall be a 
party, the Supreme Court shall have original jurisdiction. 
In all the other cases before mentioned the Supreme Court 



34 UNITED STATES CONSTITUTION. 

shall have appellate jurisdiction, both as to law and fact, 
wdth such exceptions and under such regulations as the 
Congress shall make. 

3. The trial of all crimes, except in cases of impeach- 
ment, shall be by jury; and such trial shall be held in the 
State where the said crimes shall have been committed; 
but when not committed within any State, the trial shall 
be put at such place or places as the Congress may, by 
law, have directed. 

Section 3. 

1. Treason against the United States shall consist only 
in levying war against them, or in adhering to their ene- 
mies, giving them aid and comfort. 

2. No person shall be convicted of treason, unless on 
the testimony of two witnesses to the same overt act, or 
on confession in open Court. 

3. The Congress shall have power to declare the punish- 
ment of treason; but no attainder of treason shall work 
corruption of blood, or forfeiture, except during the life of 
the person attainted. 

ARTICLE IV. 
Section 1. 
1. Full faith and credit shall be given in each State to 
the public acts, records, and judicial proceedings of every 
other State. And the Congress may, by general laws, 
prescribe the manner in which such acts, records, and pro- 
ceedings shall be proved, and the effect thereof. 

Section 2. 

1. The citizens of each State shall be entitled to all the 
privileges and immunities of citizens in the several States. 

2. A person charged in any State with treason, felony, 
or other crime, who shall flee from justice, and be found 



UNITED STATES CONSTITUTION. 35 

in another State, shall, on demand of the executive au- 
thority of the State from which he fled, be delivered up, 
to be removed to the State having jurisdiction of the 
crime. 

3. No person held to service or labor in one State, under 
the laws thereof, escaping into another, shall, in conse- 
quence of any law or regulation therein, be discharged 
from such service or labor, but shall be delivered up on 
claim of the party to whom such service or labor may be 

due. 

Section 3. 

1. New States may be admitted by the Congress into 
this Union; but no new State shall be formed or erected 
within the jurisdiction of any other State; nor any State 
be formed by the junction of two or more States, or parts 
of States, without the consent of the Legislatures of the 
States concerned, as well as of Congress. 

2. The Congress shall have power to dispose of and 
make all needful rules and regulations respecting the ter- 
ritory or other property belonging to the United States; 
and nothing in this Constitution shall be so construed as 
to prejudice any claims of the United States, or of any 
particular State. 

Section 4. 

1. The United States shall guarantee to every State in 
this Union a republican form of government, and shall 
protect each of them against invasion; and, on application 
of the Legislature, or of the Executive (when the Legis- 
lature cannot be convened), against domestic violence. 

ARTICLE V. 
Section 1. , 

L The Congress, whenever two-thirds of both houses 
shall deem it necessary, shall propose amendments to this 



36 UNITED STATES CONSTITUTION. 

Constitution, or, on the application of the Legislatures of 
two-thirds of the several States, shall call a convention for 
proposing amendments, which, in either case, shall be 
valid, to all intents and purposes, as part of this Consti- 
tution, when ratified by the Legislatures of three-fourths 
of the several States, or by conventions in three-fourths 
thereof, as the one or the other mode of ratification may 
be proposed by Congress; provided, that no amendment 
which may be made prior to the year one thousand eight 
hundred and eight shall, in any manner, afi'ect the first 
and fourth clauses in the ninth section of the first article; 
and that no State, without its consent, shall be deprived 
of its equal suffrage in the Senate. 

ARTICLE VI. 

Section 1. 

L All debts contracted and engagements entered into, 

before the adoption of this Constitution, shall be as valid 

against the United States, under this Constitution, as 

under the Confederation. 

2. This Constitution, and the laws of the United States 
which shall be made in pursuance thereof, and all treaties 
made, or which shall be made, under the authority of the 
United States, shall be the supreme law of the land; and 
the Judges in every State shall be bound thereby, any- 
thing in the Constitution or laws of any State to the con- 
trary notwithstanding. 

3. The Senators and Representatives before mentioned, 
and the members of the several State Legislatures, and all 
executive and judicial officers, both of the United States 
and of the several States, shall be bound, by oath or affir- 
mation, to support this Constitution; but no religious test 
shall ever be required as a qualification to any office or 
public trust under the United States. 



UNITED STATES CONSTITUTION. 



37 



ARTICLE VII. 
Section 1. 
1. The ratification of the conventions of nine States shall 
be sufficient for the establishment of this Constitution be- 
tween the States so ratifying the same. 

Done in Convention, by the unanimous consent of the 
States present, the seventeenth day of September, in 
the year of our Lord one thousand seven hundred and 
eighty-seven, and of the independence of the United 
States of America the twelfth. In witness whereof we 
have hereunto subscribed our names. 

George Washington, 
PresideMt, and Deputy from Virginia. 



Neiv Hampshire. 
John Langdon, 
Nicholas Oilman. 

Massachusetts. 
Nathaniel Gorham, 
RuFus King. 

Connecticut. 
William Samuel Johnson, 
Roger Sherman. 

New Yorh. 
Alexander Hamilton. 

New Jersey. 
William Livingston, 
David Breakly, 
William Patterson, 
Jonathan Dayton. 

Pennsylvania. 
Benjamin Franklin, 
Thomas Mifflin, 
Robert Morris, 
George Clymer, 
Thomas Fitzsimons, 
Jared Ingersoll, 
James Wilson, 
Gouverneur Morris. 



Delaware. 
George Read, 
Gunning Bedford, Jr., 
John Dickinson, 
Richard Bassett, 
Jacob Broom. 

Maryland. 
James McHenry, 
Daniel of St. Th. Jenifer, 
Daniel Carroll. 

Virginia. 
John Blair, 
James Madison, Jr. 

North Carolina. 
William Blount, 
Richard Dobbs Spaight, 
Hugh Williamson. 

South Carolina. 
John Rutledge, 
Charles C. Pinckney, 
Charles Pinckney. 
Pierce Butler. 

Georgia. 
William Few, 
Abraham Baldwin. 



Attest: 



William Jackson, Secretary. 



38 AMENDMENTS. 



AJVLKNIDMENXS. 



ARTICLE I. 

Section 1. Congress shall make no law respecting an 
establishment of religion, or prohibiting the free exercise 
thereof, or abridging the freedom of speech or of the 
press; or the right of the people peaceably to assemble, 
and to petition the government for a redress of griev- 
ances. — Proposed September 25, 1189; ratified December 
15, 1791. 

ARTICLE II. 

Section 1. A well regulated militia being necessary to 
the security of a free State, the right of the people to keep 
and bear arms shall not be infringed. — Id. 

ARTICLE III. 

Section I. No soldier shall, in time of peace, be quar- 
tered in any house without the consent of the owner; nor 
in time of war, but in a manner to be prescribed by 
law. — Id. 

ARTICLE IV. 

Section L The right of the people to be secure in their 
persons, houses, papers and effects, against unreasonable 
searches and seizures, shall not be violated, and no war- 
rants shall issue but upon reasonable cause, supported by 
oath or affirmation, and particularly describing the place 
to be searched and the person or things to be seized. — Id. 

ARTICLE V. 
Section 1. No person shall be held to answer for a cap- 
ital or otherwise infamous crime, unless on a presentment 



AMENDMENTS. 39 

or indictment of a Grand Jury, except in cases arising in 
the land or naval forces, or in the militia, when in actual 
service, in time of war, or public danger; nor shall any 
person be subject for the same oflFense to be twice put in 
jeopardy of life or limb; nor shall be compelled in any 
criminal case to be a witness against himself, nor be de- 
prived of life, liberty, or property, without due piocess of 
law; nor shall private property be taken for public use 
without just compensation. — Id. 

ARTICLE VI. 

Section 1. In all criminal prosecutions the accused shall 
enjoy the right to a speedy and public trial, by an impar- 
tial jury of the State and district wherein the crime shall 
have been committed, which district shall have been pre- 
viously ascertained by law, and to be informed of the na- 
ture and cause of the accusation; to be confronted with 
the witnesses against him; to have compulsory process for 
obtaining witnesses in his favor, and to have the assistance 
of counsel for his defense. — Id. 

ARTICLE VII. 

Section 1. In suits at common law, where the value in 
controversy shall exceed twenty dollars, the right of trial 
by jury shall be preserved; and no fact, tried by jury, 
shall be otherwise re-examined in any Court of the United 
States than according to the rules of common law. — Id. 

ARTICLE VIII. 

Section 1. Excessive bail shall not be required, nor ex- 
cessive fines imposed, nor cruel and unusual punishments 
i)xflicted. — Id. 



40 AMENDMENTS. 

ARTICLE IX. 

Section 1. The enumeration in the Constitution of cer- 
tain rights shall not be construed to deny or disparage 
others retained by the people. — Id. 

ARTICLE X. 

Section 1. The powers not delegated to the United 
States by the Constitution, nor prohibited by it to the 
States, are reserved to the States, respectively, or to the 
people. — Id. 

ARTICLE XI. 

Section 1. The judicial power of the United States shall 
not be construed to extend to any suit in law or equity, 
commenced or prosecuted against one of the United States 
by the citizens of another State, or by citizens or subjects 
of any foreign State. — Proposed March 5, 1794; ratified 
January 8, 170S. 

ARTICLE XII. 

Section L The Electors shall meet in their respective 
States, and vote by ballot for President and Vice-Presi- 
dent, one of whom, at least, shall not be an inhabitant of 
the same State with themselves; they shall name in their 
ballots the person voted for as President, and in distinct 
ballots the person voted for as Vice-President; and they 
shall make distinct lists of all persons voted for as Presi- 
dent, and of all persons voted for as Vice-President, and 
of the number of votes for each, which list they shall sign 
and certify, and transmit, sealed, to the seat of the Gov- 
ernment of the United States, directed to the President of 
the Senate. The President of the Senate shall, in the 
presence of the Senate and House of Representatives, open 



AMENDMENTS. 41 

all the certificates, and the votes shall then be counted.^ 
The person having the greatest number of votes for Presi- 
dent shall be the President, if such a number be a ma- 
jority of the whole number of Electors appointed; and if 
no person have such a majority, then from the persons 
having the highest numbers, not exceeding three, on the 
list of those voted for as President, the House of Eepre- 
seutatives shall choose immediately, bj^ ballot, the Presi- 
dent. But in choosing the President, the votes shall be 
taken by States, the representation from each State hav- 
ing one vote; a quorum for this purpose shall consist of a 
member or members from two-thirds of the States, and a 
majority of all the States shall be necessary to a choice. 
And if the House of Representatives shall not choose a 
President, whenever the right of choice shall devolve upon 
them, before the fourth daj^ of March next following, then 
the Vice-President shall act as President, as in case of the 
death or other constitutional disability of the President. 
The person having the greatest number of votes as Vice- 
President shall be the Vice-President, if such number be a 
majority of the whole number of Electors appointed; and 
if no person have a majority, then from the two highest 
numbers on the list the Senate shall choose the Vice- 
President; a quorum for the purpose shall consist of two- 
thirds of the whole number of Senators, and a majority of 
the whole number shall be necessary to a choice. Bat no 
person constitutionally ineligible to the office of President 
shall be eligible to that of Vice-President of the United 
States. — Proposed December 12, 1803; ratified September 
25, 180 4. 

ARTICLE XIII. 

Section 1. Neither slavery or involuntary servitude, 
except as a punishment for crime whereof the party shall 



42 AMENDMENTS. 

Jjave been duly convicted, shall exist within the United 
States, or any place subject to their jurisdiction. 

Sec. 2. Congress shall have power to enforce this article 
by appropriate legislation. — Declared ratified December 18 y 
1S65. [U. S. Statutes at Large, Vol 13, p. 775.) 

ARTICLE XIV. 

Section 1. All persons born or naturalized in the United 
States and subject to the jurisdiction thereof, are citizens 
of the United States and of the State wherein they reside. 
No State shall make or enforce any law which shall 
abridge the privileges or immunities of citizens of the 
United States; nor shall any State deprive any person of 
life, liberty, or property, without due process of law, nor 
deny to any person within its jurisdiction the equal pro- 
tection of the laws. 

Sec. 2. Representatives shall be api)ortioned among the 
several States, according to their respective numbers, 
counting the whole number of persons in each State, ex- 
cluding Indians not taxed. But when the right to vote at 
any election for the choice of Electors for President and 
Vice-President of the United States, Representatives in 
Congress, the executive and judicial officers of a State, or 
the members of the Legislature thereof, is denied to any 
of the male inhabitants of such State, being twenty-one 
years of age and citizens of the United States, or in any 
way abridged, except for participation in rebellion, or 
other crime, the basis of representation therein shall be 
reduced in proportion which the number of such male citi- 
zens shall bear to the whole number of male citizens 
twenty -one years of age in such State. 

Seo. 3. No person shall be a Senator or Representative 
in Congress, or Elector of President and Vice-President, 



AMENDMENTS. 43 

or hold any office, civil or military, under the United 
States, or under any State, who, having previously taken 
an oath as a member of Congress, or as an officer of the 
United States, or as a member of any State Legislature, 
or as an executive or judicial officer of any State, to sup- 
port the Constitution of the United States, shall have en- 
gaged in insurrection or rebellion against the same, or 
given aid or comfort to the enemies thereof. But Con- 
gress may, by a vote of two-thirds of each house, remove 
such disability. 

Sec. 4. The validity of the public debt of the United 
States, authorized by law, including debts incurred for 
payment of pensions and bounties for services in suppress- 
ing insurrection or rebellion, shall not be questioned. But 
neither the United States or any State shall assume or pay 
any debt or obligation incurred in aid of insurrection or 
rebellion against the United States, or any claim for the 
loss or emancipation of any slave; but all such debts, ob- 
ligations, and claims shall be held illegal and void. 

Sec. 5. The Congress shall have power to enforce, by 
appropriate legislation, the provisions of this article. — 
Declared ratiHed July 28, 1868. ( U. S. Statutes at Large, 
Vol. 15, pp. 709-11.) 

ARTICLE XV. 

Section 1. The right of citizens of the United States to 
vote shall not be denied or abridged by the United States, 
or by any State, on account of race, color, or previous con- 
dition of servitude. 

Sec. 2. The Congress shall have power to enforce this 
article by appropriate legislation. — U. S. Statutes at Large, 
Vol. 15, p. 3IfG. 



CONSTITUTION OF THE STATE OF CALIFORNIA. 



Adopted in Convention at Sacramento, March 3, A, D. 1879 ; submit- 
ted to and ratified by the people May 7, 1879. 



PREAMBLE AND DECLARATION OF RIGHTS. 
PREAMBLE. 

We, the people of the State of California, grateful to 
Almighty God for our freedom, in order to secure and per- 
petuate its blessings, do establish this Constitution. 

ARTICLE I. 

Section 1. All men are by nature free and independent, 
and have certain inalienable rights, among which are those 
of enjoying and defending life and liberty ; acquiring, 
possessing, and protecting property ; and pursuing and 
obtaining safety and happiness. 

Sec. 2. All political power is inherent in the people. 
Government is instituted for the protection, security, and 
benefit of the people, and they have the right to alter or 
reform the same whenever the public good may require it. 

Sec. 3. The State of California is an inseparable part of 
the American Union, and the Constitution of the United 
States is the supreme law of the land. 

Sec. 4. The free exercise and enjoyment of religious 
profession and worship, without discrimination or prefer- 
ence, shall forever be guaranteed in this State, and no 
person shall be rendered incompetent to be a witness or 
juror on account of his opinions on matters of religious 
belief ; but the liberty of conscience hereby secured shall 
not be so construed as to excuse acts of licentiousness, or 



CALIFORNIA CONSTITUTION. 45 

justify practices inconsistent with the peace or the safety 
of the State. 

Sec. 5. The privilege of the writ of habeas corpus shall 
not be suspended unless when, in case of rebellion or in- 
vasion, the public safety may require the suspension. 

Sec. 6. All persons shall be bailable by sufficient sure- 
ties, unless for capital offenses when the proof is evident 
or the presumption great. Excessive bail shall not be re- 
quired, nor excessive fines imposed ; nor shall cruel or 
unusual punishment be inflicted. Witnesses shall not be 
unreasonably detained, nor confined in any room where 
criminals are actually imprisoned. 

Sec. 7. The right of trial by jury shall be secured to all, 
and remain inviolate ; but in civil actions three fourths of 
the jury may render a verdict. A trial by jury may be 
waived in all criminal cases, not amounting to felony, by 
the consent of both parties, expressed in open Court, and 
in civil actions by the consent of the parties, signified in 
such maner as may be prescribed by law. In civil actions, 
and cases of misdemeanor, the jury may consist of twelve, 
or of any number less than twelve upon which the parties 
may agree in open Court. 

Sec. 8. Offenses heretofore required to be prosecuted by 
indictment shall be prosecuted by information, after exam- 
ination and commitment by a magistrate, or by indictment, 
with or without such examination and commitment, as 
may be prescribed by Jaw. A grand jury shall be drawn 
and summoned at least once a year in each county. 

Sec. 9. Every citizen may freely speak, write, and pub- 
lish his sentiments on all subjects, being responsible for 
the abuse of that right ; and no law shall be passed to re- 
strain or abridge the libert}^ of speech or of the press. In 
all criminal prosecutions for libels, the truth may be given 
in evidence to the jury ; and if it shall appear to the jury 



46 CALIFORNIA CONSTITUTION. 

that the matter charged as libelous is true, and was pub- 
lished with good motives, and for justifiable ends, the party- 
shall be acquitted ; and the jury shall have the right to 
determine the law and the fact. Indictments found, or 
information laid, for publications in newspapers, shall be 
tried in the county where such newspapers have their pub- 
lication office, or in the county wliere the party alleged to 
be libeled resided at the time of the alleged publication, 
unless the place of trial shall be changed for good cause. 

Sec. 10. The people sliall have the right to freely assem- 
ble together to consult for the common good, to instruct 
their representatives, and to petition the Legislature for 
redress of grievances. 

Sec. 11. All laws of a general nature shall have a uni- 
form operation. 

Sec. 12. The military shall be subordinate to the civil 
power. No standing army shall be kept up by this State 
in time of peace, and no soldier shall, in time of peace, be 
quartered in any house without the consent of the owner ; 
nor in time of war, except in the manner prescribed by 
law. 

Sec. 13. In criminal prosecutions, in any Court what- 
ever, the party accused shall have the right to a speedy 
and public trial ; to have the process of the Court to com- 
pel the attendance of witnesses in his behalf, and to appear 
and defend, in person and with counsel. No person shall 
be twice put in jeopardy for the same offense ; nor be com- 
pelled, in any criminal case, to be a witness against him- 
self ; nor be deprived of life, liberty, or property without 
due process of law. The Legislature shall have power to 
provide for the taking, in the presence of the party accused 
and his counsel, of depositions of witnesses in criminal 
cases, other than cases of homicide, when there is reason 



CALIFORNIA CONSTITUTION. 47 

to believe that the witness, from inability or other causes, 
will not attend at the trial. 

Sec. 14. Private property shall not be taken or damaged 
for public use without just compensation having been first 
made to, or paid into Court for, the owner, and no right 
of way shall be appropriated to the use of any corporation 
other than municipal until full compensation therefor be 
first made in money or ascertained and paid into Court for 
the owner, irrespective of any benefit from any improve- 
ment proposed by such corporation, which compensation 
shall be ascertained by a jury, unless a jury be waived, as 
in other civil cases in a Court of record, as shall be pre- 
scribed by law. 

Sec. 15. No person shall be imprisoned for debt in any 
civil action, or mesne or final process, unless in case of 
fraud, nor in civil actions for torts, except in cases of will- 
ful injury to person or propei'ty ; and no person shall be 
imprisoned for a militia fine in time of peace. 

Sec. 16. No bill of attainder, ex post facto law, or law 
impairing the obligations of contracts, shall ever be passed. 

Sec. 17. Foreigners of the white race or of African de- 
scent, eligible to become citizens of the United States 
under the naturalization laws thereof, while bona fide resi- 
dents of this State, shall have the same rights in respect 
to the acquisition, possession, enjoyment, transmission, 
and inheritance of property as native born citizens. 

Sec. 18. Neither slavery nor involuntary servitude, un- 
less for the punishment of crime, shall ever be tolerated 
in this State. 

Sec. 19. Tiie right of the people to be secured in their 
persons, houses, papers, and efi'ects, against unreasonable 
seizures and searches, shall not be violated ; and no war- 
rant shall issue but on probable cause, supported by oath or 



48 CALIFORNIA CONSTITUTION. 

affirmation, particularly describing the place to be searched 
and the persons and things to be seized. 

Sec. 20. Treason against the State shall consist only in 
levying war against it, adhering to its enemies, or giving 
them aid and comfort. No person shall be convicted of 
treason unless on the evidence of two witnesses to the 
same overt act, or confession in open Court. 

Sec. 21. No special privileges or immunities shall ever 
be granted which may not be altered, revoked, or repealed 
by the Legislature, nor shall any citizen, or class of citi- 
zens, be granted privileges or immunities which, upon the 
same terms, shall not be granted to all citizens. 

Sec. 22. The provisions of this Constitution are manda- 
tory and prohibitory, unless by express words they are 
declared to be otherwise. 

Sec. 23. This enumeration of rights shall not be construed 
to impair or deny others retained by the people. 

Sec. 24. No property qualification shall ever be required 
for any person to vote or hold office. 

ARTICLE II. 

Section 1. Every native male citizen of the United 
States, every male person who shall have acquired the 
rights of citizenship under or by virtue of the treaty of 
Queretaro, and every male naturalized citizen thereof, who 
shall have become such ninety days prior to any election, 
of the age of twenty-one years, who shall have been a 
resident of the State one year next preceding the election, 
and of the county in which he claims his vote ninety days, 
and in the election precinct thirty days, shall be entitled 
to vote at all elections which are now or may hereafter be 
authorized by law ; provided, no native of China, no idiot, 
insane person, or person convicted of any infamous crime. 



CALIFORNIA CONSTITUTION. 49 

and no person hereafter convicted of the embezzlement or 
misappropriation of public money, shall ever exercise the 
privilege of an elector in this State. 

Sec. 2. Electors shall in all cases, except treason, felony, 
or breach of the peace, be privileged from arrest on the 
days of election, during their attendance at such election, 
going to and returning therefrom. 

Sec. 3. No elector shall be obliged to perform militia 
duty on the day of election, except in time of war or public 
danger. 

Sec. 4. For the purpose of voting, no person shall be 
deemed to have gained or lost a residence by reason of his 
presence or absence while employed in the service of the 
United States, nor while engaged in the navigation of the 
waters of this State or of the United States, or of the high 
seas ; nor while a student at any seminary of learning ; 
nor while kept in any almshouse or other asylum, at pub- 
lic expense ; nor while confined in any public prison. 

Sec. 5. All elections by the people shall be by ballot. 

ARTICLE III. 

Section 1. The powers of the Government of the State 
of California shall be divided into three separate depart- 
ments — the legislative, executive, and judicial ; and no 
person charged with the exercise of powers properly be- 
longing to one of these departments shall exercise any 
functions appertaining to either of the others, except as 
in this Constitution expressly directed or permitted. 

ARTICLE IV. 

Section 1. The legislative power of this State shall be 
vested in a Senate and Assembly, which shall be designated 
the Legislature of the State of California, and the enacting 



50 CALIFORNIA CONSTITUTION. 

clause of every law shall be as follows : "The People of 
the State of California, represented in Senate and Assem- 
bly, do enact as follows." 

Sec. 2. The sessions of the Legislature shall commence 
at twelve o'clock m. on the first Monday after the firsj; day 
of January next succeeding the election of its members, 
and, after the election held in the year eighteen hundred 
and eighty, shall be biennial, unless the Governor shall, 
in the interim, convene the Legislature by proclamation. 
No pay shall be allowed to members for a longer time than 
sixty days, except for the first session after the adoption 
of this Constitution, for which they may be allowed pay 
for one hundred days. And no bill shall be introduced in 
either house after the expiration of ninety days from the 
commencement of the first session, nor after fifty days after 
the commencement of each succeeding session, without the 
consent of two thirds of the members thereof. 

Sec. 3. Members of the Assembly shall be elected in the 
year eighteen hundred and seventy-nine, at the time and 
in the manner now provided by law. The second election 
of members of the Assembly, after the adoption of this 
Constitution, shall be on the first Tuesday after the first 
Monday in November, eighteen hundred and eighty. 
Thereafter members of the Assembly shall be chosen bien- 
nially, and their term of office shall be two years ; and 
each election shall be on the first Tuesday after the first 
Monday in November, unless otherwise ordered by the 
Legislature. 

Sec. 4. Senators shall be chosen for the term of four 
years, at the same time and places as members of the As- 
sembly, and no person shall be a member of the Senate or 
Assembly who has not been a citizen and inhabitant of the 
State three years, and of the district for which he shall be 
chosen one year, next before his election. 



CALIFORNIA CONSTITUTION\ 51 

Sec. 5. The Senate shall consist of forty members, and 
the Assembly of eighty members, to be elected by districts, 
numbered as hereinafter provided. The seats of the twenty 
Senators elected in the year eighteen hundred and eighty- 
two from the odd numbered districts shall be vacated at 
the expiration of the second year, so that one half of the 
Senators shall be elected every two years ; 2^'>'ovlded, that 
all the Senators elected at the first election under this Con- 
stitution shall hold office for the term of three years. 

Sec. 6. For the purpose of choosing members of the Legis- 
lature, the State shall be divided into forty senatorial and 
eighty assembly districts, as nearly equal in population as 
may be, and composed of contiguous territory, to be called 
senatorial and assembly districts. Each senatorial district 
shall choose one Senator, and each assembly district shall 
choose one member of Assembly. The senatorial districts 
shall be numbered from one to forty, inclusive, in numer- 
ical order, and the assembly districts shall be numbered 
from one to eight}'^, in the same order, commencing at the 
northern boundary of the State, and ending at the southern 
boundary thereof. In the formation of such districts no 
county, or city and county, shall be divided, unless it con- 
tains sufficient population within itself to form two or more 
districts, nor shall a part of any county, or of any city and 
county, be united with any other county, or city and 
county, in forming any district. The census taken under 
the direction of the Congress of the United States in the 
year one thousand eight hundred and eighty, and every 
ten years thereafter, shall be the basis of fixing and adjust- 
ing the legislative districts ; and the Legislature shall, at 
its first session after each census, adjust such districts and 
reapportion the representation so as to preserve them as 
near equal in population as may be. But in making such 
adjustment no persons who are not eligible to become citi- 



52 CALIFORNIA CONSTITUTION. 

zens of the United States, under the naturalization laws, 
shall be counted as forming a part of the population of any 
district. Until such districting as herein provided for shall 
be made, Senators and Assemblymen shall be elected by 
the districts according to the apportionment now provided 
for by law. 

Sec. 7. Each house shall choose its officers, and judge 
of the qualifications, elections, and returns of its members. 

Sec. 8. A majority of each house shall constitute a 
quorum to do business, but a smaller number may adjourn 
from day to day, and may compel the attendance of absent 
members in such manner and under such penalties as each 
house may provide. 

Sec. 9. Each house shall determine the rule of its pro- 
ceeding, and may, with the concurrence of two-thirds of 
all its members elected, expel a member. 

Sec. 10. Each house shall keep a journal of its proceed- 
ings, and publish the same, and the yeas and nays of the 
members of either house, on any question, shall, at the 
desire of any three members present, be entered on the 
journal. 

Sec. 11. Members of the Legislature shall, in all cases, 
except treason, felony, and breach of the peace, be priv- 
ileged from arrest, and shall not be subject to any civil 
process during the session of the Legislature, nor for fif- 
teen days next before the commencement and after the 
termination of each session. 

Sec. 12. When vacancies occur in either house, the 
Governor, or the person exercising tlie functions of the 
Grovernor, shall issue writs of election to fill such va- 
cancies. 

Sec. 13. The doors of each house shall be open, except 
on such occasions as, in the opinion of the house, may re- 
quire secrecy. 



CALIFORXIA CONSTITUTION. 53 

Sec. 14. Neither house shall, without the consent of 
the other, adjourn for more than three days, nor to any- 
place other than that in which they may be sitting. Nor 
shall the members of either house draw pay for any recess 
or adjournment for a longer time than three days. 

Sec. 15. No law shall be passed except by bill. Nor 
shall any bill be put upon its final passage until the same, 
with the amendments thereto, shall have been printed for 
the use of the members; nor shall any bill become a law 
unless the same be read on three several days in each 
house, unless, in a case of urgency, two-thirds of the 
house where such bill may be pending, shall, by a vote of 
yeas and nays, dispense with this provision. Any bill may 
originate in either house, but may be amended or rejected 
by the other; and on the final passage of all bills they 
shall be read at length, and the vote shall be by yeas and 
nays upon each bill separately, and shall be entered on 
the journal, and no bill shall become a law without the 
concurrence of a majority of the members elected to each 
house. 

Sec. 16. Every bill which may have passed the Legisla- 
ture shall, before it becomes a law, be presented to the 
Governor. If he approve it, he shall sign it; but if not, 
he shall return it, with his objections, to the house in 
which it originated, which shall enter such objections 
upon the journal and proceed to reconsider it. If, after 
such reconsideration, it again pass both houses, by yeas 
and nays, two-thirds of the members elected to each house 
voting therefor, it shall become a law, notwithstanding 
the Governor's objections. If any bill shall not be re- 
turned within ten days after it shall have been presented 
to him (Sundays excepted), the same shall become a law 
in like manner as if he had signed it, unless the Legisla- 
ture, by adjournment, prevents such return, in which case 



54 CALIFORNIA CONSTITUTION, 

it shall not become a law, unless the Governor, within ten 
days after such adjournment (Sundays excepted) shall sign 
and deposit the same in the office of the Secretary of State, 
in which case it shall become a law in like manner as if it 
had been signed by him before adjournment. If any bill 
presented to the Governor contains several items of appro- 
priation of money, he may object to one or more items, 
while approving other portions of the bill. In such case 
he shall append to the bill, at the time of signing it, a 
statement of the items to which he objects, and the reasons 
therefor, and the appropriations so objected to shall not 
take effect unless passed over the Governor's veto, as 
hereinbefore provided. If the Legislature be in session, 
the Governor shall transmit to the house in which the bill 
originated, a copy of such statement, and the items so ob- 
jected to shall be separately reconsidered in the same man- 
ner as bills which have been disapproved by the Governor. 

Sec. 17. The Assembly shall have the sole power of im- 
peachment, and all impeachments shall be tried by the 
Senate. When sitting for that purpose, the Senators shall 
be upon oath or affirmation, and no person shall be con- 
victed without the concurrence of two-thirds of the mem- 
bers elected. 

Sec. 18.. The Governor, Lieutenant-Governor, Secretarj'^ 
of State, Controller, Treasurer, Attorney-General, Sur- 
veyor-General, Chief Justice and Associate Justices of the 
Supreme Court, and Judges of the Superior Courts, shall 
be liable to impeachment for any misdemeanor in office; 
but judgment in such cases shall extend only to removal 
from office, and disqualification to hold any ofl&ce of honor, 
trust, or profit under the State; but the party convicted 
or acquitted shall nevertheless be liable to indictment, 
trial, and punishment, according to law. All other civil 



CALIFORNIA CONSTITUTION. 55 

officei'S shall be tried for misdemeanor in office in such 
manner as the Legislature may provide . 

Sec. 19. No Senator or member of Assembly shall, dur- 
ing the term for which he shall have been elected, be ap- 
pointed to any civil office of profit under this State which 
shall have been created, or the emoluments of which have 
been increased, during such term, except such offices as 
m.ay be filled by election by the people. 

Sec. 20. No person holding any lucrative office under 
the United States, or any other power, shall be eligible to 
any civil office of profit under this State; provided, that 
officers in the militia, who receive no annual salary, local 
officers, or postmasters whose compensation does not ex- 
ceed five hundred dollars per annum, shall not be deemed 
to hold lucrative offices. 

Sec. 21. No person convicted of the embezzlement or 
defalcation of the public funds of the United States, or of 
any State, or of any county or municipality therein, shall 
ever be eligible to any office of honor, trust, or profit un- 
der this State, and the Legislature shall provide, by law, 
for the punishment of embezzlement or defalcation as a 
felony. 

Sec. 22. IN o money shall be drawn from the treasury but 
in consequence of appropriations made by law, and upon 
warrants duly drawn thereon by the Controller; and no 
money shall ever be appropriated or drawn from the State 
Treasury for the use and benefit of any corporation, asso- 
ciation, asylum, hospital, or any other institution not 
under the exclusive management and control of the State 
as a State institution, nor shall any grant or donation of 
property ever be made thereto by the State; provided, that 
notwithstanding anything contained in this or any other 
section of this Constitution, the Legislature shall have 
the power to grant aid to institutions conducted for the 



56 CALIFORNIA CONSTITUTION. 

support and maintenance of minor orphans, or half or- 
phans, or abandoned children, or aged persons in indigent 
circumstances — such aid to be granted by a uniform rule, 
and proportioned to the number of inmates of such re- 
spective institutions; provided further, that the State shall 
have, at any time, the right to inquire into the manage- 
ment of such institution; 2y^'0vided Jurther, that whenever 
any county, or city and countj^, or city, or town, shall 
provide for the support of minor orphans, or half orphans, 
or abandoned children, or aged persons in indigent cir- 
cumstances, such county, city and county, city, or town, 
shall be entitled to receive the same pro rata appropria- 
tions as may be granted to such institutions under church 
or other control. An accurate statement of the receipts 
and expenditures of public moneys shall be attached and. 
published with the laws at every regular session of the 
Legislature. 

Sec. 23. The members of the Legislature shall receive 
for their services a per diem and mileage, to be fixed by 
law, and paid out of the public treasury; such per diem 
shall not exceed eight dollars, and such mileage shall not 
exceed ten cents per mile, and for contingent expenses not 
exceeding twenty-five dollars for each session. No in- 
crease in compensation or mileage shall take efi'ect during 
the term for which the members of either house shall have 
been elected, and the pay of no attache shall be increased 
after he is elected or appointed. 

Sec. 24. Every Act shall embrace but one subject, which 
subject shall be expressed in its title. But if any subject 
shall be embraced in an Act which shall not be expressed 
in its title, such Act shall be void only as to so much 
thereof as shall not be expressed in its title. No law shall 
be revised or amended by reference to its title; but in such 
case the Act revised or section amended shall be re-en- 



CALIFORNIA CONSTITUTION. 57 

acted and published at length as revised or amended; and 
all laws of the State of California, and all official writings, 
and the executive, legislative, and judicial proceedings 
shall be conducted, preserved, and published in no other 
than the English language. 

Sec. 25. The Legislature shall not pass local or special 
laws in any of the following enumerated cases, that is to 
say: 

i'Vs^— Regulating the jurisdiction and duties of Justices 
of the Peace, Police Judges, and of Constables. 

Second — For the punishment of crimes and misde- 
meanors. 

Thh'd — Regulating the practice of Courts of justice. 

Fourth — Providing for changing the venue in civil or 
criminal actions. 

Fifth — Granting divorces. 

iS'iic^A— Changing the names of persons or places. 

Seventh — Authorizing the laying out, opening, altering, 
maintaining, or vacating roads, highways, streets, alleys, 
town plots, parks, cemeteries, graveyards, or public 
grounds not owned by the State. 

EUjhth — Summoning and impaneling grand and petit 
juries, and providing for their compensation. 

Ninth — Regulating county and township business, or 
the election of county or township officers. 

Tenth — For the assessment or collection of taxes. 

Eleventh — Providing for conducting elections, or desig- 
nating the places of voting, except on the organization of 
new counties. 

Twelfth — Affecting estates of deceased persons, minors, 
or other persons under legal disabilities. 

Thirteenth — Extending the time for the collection of 
taxes. 



58 CALIFORNIA CONSTITUTION, 

Fourteenth — Giving effect to invalid deeds, wills, or 
other instruments. 

Fifteenth — Refunding money paid into the State 
Treasury. 

Sixteenth — Releasing, or extinguishing, in whole or in 
part, the indebtedness, liability, or obligation of any cor- 
poration or person to this State, or to any municipal cor- 
poration therein. 

Seventeenth — Declaring any person of age, or authorizing 
any minor to sell, lease, or incumber his or her property. 

Eighteenth —Legalizing, except as against the State, the 
unauthorized or invalid act of any officer. 

Nineteenth — Urancing to any corporation, association, or 
individual any special or exclusive right, privilege, or im- 
munity. 

Tiventieth — Exempting property from taxation. 

Twenty-Jirst — Changing county seats. 

Twenty -second— Restoring to citizenship persons con- 
victed of infamous crimes. 

Twenty-third — Regulating the rate of interest on money. 

Twenty -fourth — Authorizing the creation, extension, or 
impairing of liens. 

Tiotnty-fJth—ChaxiQvmg or licensing ferries, bridges, or 
roads. 

Twenty-sixth — Remitting fines, penalties, or forfeitures. 

Tioeyity- seventh — Providing for the management of com- 
mon schools. 

Twenty-eighth — Creating offices, or prescribing the pow- 
ers and duties of officers in counties, cities, cities and 
counties, township, election, or school districts. 

Tiventy-ninth — Affecting the fees or salary of any officer. 

Thirtieth — Changing the law of descent or succession. 

Thirty-first — Authorizing the adoption or legitimation of 
children. 



CALIFORNIA CONSTITUTION. 59 

Thirty-second — For limitation of civil or criminal actions. 

Thirty-tldrd — In all other cases where a general law can 
be made applicable. 

Sec. 26. The Legislature shall have no power to authorize 
lotteries or gift enterprises for any purpose, and shall pass 
laws to prohibit the sale in this State of lottery or gift en- 
terprise tickets, or tickets in any scheme in the nature of 
a lottery. The Legislature shall pass laws to regulate or 
prohibit the buying and selling of the shares of the capital 
stock of corporations in any stock board, stock exchange, 
or stock market under the control of any association. All 
contracts for the sale of shares of the capital stock of any 
corporation or association, on margin, or to be delivered at 
a future daj^ shall be void, and any money paid on such 
contracts may be recovered by the party paying it by suit 
in any Court of competent jurisdiction. 

Sec. 27. When a congressional district shall be composed 
of two or more counties, it shall not be separated by any 
county belonging to another district. No county, or city 
and county, shall be divided in forming a congressional 
district so as to attach one portion of a county, or city and 
county, to another county, or city and county, except in 
cases where the one county, or city and county, has more 
population than the ratio required for one or more Con- 
gressmen ; but the Legislature may divide any county, or 
city and county, into as many congressional districts as it 
may be entitled to by law. Any county, or city and 
county, containing a population greater than the number 
required for one congressional district, shall be formed 
into one or more congressional districts, according to the 
population thereof, and any residue, after forming such 
district or districts, shall be attached by compact adjoin- 
ing assembly districts, to a contiguous county or counties, 
and form a congressional district. In dividing a county, 



60 CALIFORNIA CONSTITUTION. 

or city and county, into congressional districts, no assem- 
bly district shall be divided so as to form a part of more 
than one congressional district, and every such congres- 
sional district shall be composed of compact contiguous 
assembly districts. 

Sec. 28. In all elections by the Legislature the members 
thereof shall vote viva voce, and the votes shall be entered 
on the Journal. 

Skc. 29. The general appropriation bill shall contain no 
item or items of appropriation other than such as are re- 
quired to pay the salaries of the State officers, and expenses 
of the governmeiit, and of the institutions under the ex- 
clusive control and management of the State. 

Sec. 30. Neither the Legislature, nor any county, city 
and county, township, school district, or other municipal 
corporation, shall ever make an appropriation, or pay from 
any public fund whatever, or grant anything to or in aid 
of any religious sect, church, creed, or sectarian purpose, 
or help to support or sustain any school, college, iiniversity, 
hospital, or other institution controlled by any religious 
creed, church, or sectarian denomination whatever ; nor 
shall any grant or donation of personal property or real 
estate ever be made by the State, or any city, city and 
county, town, or other municipal corporation, for any 
religious creed, church, or sectarian purpose whatever ; 
provided, that nothing in this section shall prevent the 
Legislature granting aid pursuant to section twenty -two 
of this article. 

Sec. 31. The Legislature shall have no power to give or 
to lend, or to authorize the giving or lending of the credit 
of the State, or of any county, city and county, city, 
township, or other political corporation or subdivision of 
the State now existing, or that may be hereafter estab- 
lished, in aid of or to any person, association, or corpor- 



CALIFORNIA CONSTITUTION. 61 

ation, whether municipal or otherwise, or to pledge the 
credit thereof, in any manner whatever, for the payment 
of the liabilities of any individual, association, municipal 
or other corporation whatever ; nor shall it have power 
to make any gift or authorize the making of any gift, or 
any public money or thing of value, to any individual, 
municipal or other corporation whatever ; provided, that 
nothing in this section shall prevent the Legislature grant- 
ing aid pursuant to section twenty -two of this article ; and 
it shall not have power to authorize the State, or any 
political subdivision thereof, to subscribe for stock, or to 
become a stockholder in any corporation whatever. 

Sec. 32. The Legislature shall have no power to grant, 
or authorize any county or municipal authority to grant, 
any extra compensation or allowance to any public officer, 
agent, servant, or contractor, after service has been ren- 
dered, or a contract has been entered into and performed, 
in whole or in part, nor to pay or to authorize the payment 
of, any claim hereafter created against the State, or any 
county or municipality of the State, under any agreement 
or contract made without express authority of law ; and 
all such unauthorized agreements or contracts shall be null 
and void. 

Sec- 33. The Legislature shall pass laws for the regula- 
tion and limitation of the charges for services performed 
and commodities furnished by telegraph and gas corpor- 
ations, and the charges by corporations or individuals for 
storage and wharfage, in which there is a public use ; and 
where laws shall provide for the selection of any person 
or officer to regulate or limit such rates, no person or ofii- 
cer shall be selected by any corporation or individual in- 
terested in the business to be regulated, and no person 
shall be selected who is an officer or stockholder in any 
such corporation. 



62 CALIFORNIA CONSTITUTION. 

Sec. 34. No bill making an appropriation for money, 
except the general appropriation bill, shall contain more 
than one item of appropriation, and that for one single 
and certain jDurpose to be therein expressed. 

Sec. 35. Any person who seeks to influence the vote of 
a member of the Legislature by bribery, promise of reward, 
intimidation, or any other dishonest means, shall be guilty 
of lobbying, which is hereby declared a felony ; and it 
shall be the duty of the Legislature to provide, by law, 
for the punishment of this crime. Any member of the 
Legislature, wiio shall be influenced in his vote or action 
upon any matter pending before the Legislature by any 
reward, or promise of future reward, shall be deemed 
guilty of a felony, and upon conviction thereof, in addition 
to such punishment as may be provided by law, shall be 
disfranchised and forever disqualified from holding any 
office of public trust. Any person may be compelled to 
testify in any lawful investigation or judicial proceeding 
against any person who may be charged with having com- 
mitted the offense of bribery or corrupt solicitation, or 
with having been influenced in his vote or action, as a 
member of the Legislature, by reward, or promise of fu- 
ture reward, and shall not be permitted to withhold his 
testimony upon the ground that it may criminate himself, 
or subject him to public infamy ; but such testimony shall 
not afterwards be used against him in any judicial pro- 
ceeding, except for perjury in giving such testimony. 

ARTICLE V. 

Section 1. The supreme executive power of this State 
shall be vested in a Chief Magistrate, who shall be styled 
the Governor of the State of California. 

Sec. 2. The Governor shall be elected by the qualified 
electors at the time and place of voting for members of the 



CALIFORNIA CONSTITUTION. 63 

Assembly, and shall hold his office four years from and 
after the lirst day of January subsequent to his election, 
and until his successor is elected and qualified. 

Sec. 3. No person shall be eligible to the office of Gov- 
ernor who has not been a citizen of the United States and 
a resident of this State five years next preceding his elec- 
tion, and attained the age of twenty-five years at the time 
of such election. 

Sec. 4. The returns of every election for Governor shall 
be sealed up and transmitted to the seat of government, 
directed to the Speaker of the Assembly, who shall, during 
the first week of the session, open and publish them in the 
presence of both houses of the Legislature. The person 
having the highest number of votes shall be Governor; 
but, in case any two or more have an equal and the high- 
est number of votes, the Legislature shall, by joint vote 
of both houses, choose one of such persons having an equal 
and the highest number of votes for Governor. 

Sec. 5. The Governor shall be Commander-in-Chief of 
the militia, the army and navy of this State. 

Sec. 6. He shall transact all executive business with 
the officers of government, civil and military, and may re- 
quire information, in writing, from the officers of the ex- 
ecutive department, upon any subject relating to the 
duties of their respective offices. 

Sec. 7. He shall see that all the laws are faithfully exe- 
cuted. 

Sec. 8. When any office shall, from any cause, become 
vacant, and no mode is provided by the Constitution and 
law for filling such vacancy, the Governor shall have 
power to fill such vacancy by granting a commission, 
which shall expire at the end of the next session of the 
Legislature, or at the next election by the people. 



64 CALIFORNIA CONSTITUTION. 

Sec. 9. He may, on extraordinary occasions, convene 
the Legislature by proclamation, stating the purposes for 
which he has convened it, and when so convened it shall 
have no power to legislate on any subjects other than 
those specified in the proclamation, but may provide for 
the expenses of the session and other matters incidental 
thereto. 

Sec. 10. He shall communicate by message to the Legis- 
lature, at every session, the condition of the State, and 
recommend such matters as he shall deem expedient. 

Sec. 11. In case of disagreement between the two houses 
with respect to the time of adjournment, the Governor 
shall have power to adjourn the Legislature to such time 
as he may think proper; provided, it be not beyond the 
time fixed for the meeting of the next Legislature. 

Sec. 12. No person shall, while holding any ofiice under 
the United States or this State, exercise the office of Gov- 
ernor except as hereinafter expressly provided. 

Sec. 13. There shall be a seal of this State, which shall 
be kept by the Governor, and used by him officially, and 
shall be called " The Great Seal of the State of California." 

Sec. 14. All grants and commissions shall be in the 
name and by the authority of The People of the State of 
California, sealed with the great seal of the State, signed 
by the Governor, and countersigned by the Secretary of 
State. 

Sec. 15. A Lieutenant-Governor shall be elected at the 
same time and places, and in the same manner, as the 
Governor, and his term of office and his qualifications of 
eligibility shall also be the same. He shall be the Presi- 
dent of the Senate, but shall have only a casting vote 
therein. If, during a vacancy of the office of Governor, 
the Lieutenant-Governor shall be impeached, displaced, 
resign, die, or become incapable of performing the duties 



CALIFORXIA CONSTITUTION. 65 

of his oflfice, or be absent from the State, the President 
pro tempore of the Senate shall act as Governor until the 
vacancy be filled or the disability shall cease. The Lieu- 
tenant-Governor shall be disqualified from holding any 
other office, except as specially provided in this Constitu- 
tion, during the term for which he shall have been elected. 

Sec. 16. In case of the impeachment of the Governor, 
or his removal from office, death, inability to discharge 
the powers and duties of said office, resignation, or ab- 
sence from the State, the powers and duties of the office 
shall devolve upon the Lieutenant-Governor for the residue 
of the term, or until the disability shall cease. But when 
the Governor shall, with the consent of the Legislature, 
be out of the State in time of war, at the head of any mili- 
tary force thereof, he shall continue Commander-in-Chief 
of all the military forces of the State. 

Sec. 17. A Secretary of State, a Controller, a Treasurer, 
an Attorney-General, and a Surveyor-General shall be 
elected at the same time and places, and in the same man- 
ner, as the Governor and Lieutenant-Governor, and their 
terms of office shall be the same as that of the Governor. 

Sec. 18. The Secretary of State shall keep a correct 
record of the official acts of the legislative and executive 
departments of the government, and shall, when required, 
lay the same, and all matters rf^lative thereto, before 
either branch of the Legislature, and shall perform such 
other duties as may be assigned him by law. 

Sec. 19. The Governor, Lieutenant-Governor, Secretary 
of State, Controller, Treasurer, Attorney-General, and 
Surveyor-General shall, at stated times during their con- 
tinuance in office, receive for their services a compensation 
which shall not be increased or diminished during the 
term for which they shall have been elected, which com- 
pensation is hereby fixed for the following officers for the 



66 CALIFORNIA CONSTITUTION. 

two terms next ensuing the adoption of this Constitution, 
as follows: Governor, six thousand dollars per annum; 
Lieutenant-Governor, the same per diem as may be pro- 
vided by law for the Speaker of the Assembly, to be al- 
lowed only during the session of the Legislature; the Sec- 
retary of State, Controller, Treasurer, Attorney-General, 
and Surveyor-General, three thousand dollars each per 
annum, such compensation to be in full for all services 
by them respectively rendered in any official capacity or 
employment whatsoever during their respective terms of 
office; provided, liowever, that the Legislature, after the 
expiration of the terms hereinbefore mentioned, may by 
law diminish the compensation of any or all such officers, 
but in no case shall have the power to increase the same 
above the sums hereby fixed by this Constitution. No 
salary shall be authorized by law for clerical service, in 
any ofiice provided for in this article, exceeding sixteen 
hundred dollars per annum for each clerk employed. The 
Legislature may, in its discretion, abolish the office of 
Surveyor-General; and none of the officers hereinbefore 
named shall receive for their own use any fees or per- 
quisites for the performance of any official duty. 

Sec. 20. The Governor shall not, during his term of 
office, be elected a Senator to the Senate of the United 
States. 

ARTICLE VI. 

Section L The judicial power of the State shall be 
vested in the Senate sitting as a Court of Impeachment, 
in a Supreme Court, Superior Courts, Justices of the 
Peace, and such inferior Courts as the Legislature may 
establish in any incorporated city, or town, or city and 
county. 

Sec. 2. The Supreme Court shall consist of a Chief 
Justice and six Associate Justices. The Court may sit in 



CALIFORNIA CONSTITUTION. 67 

departments and in bank, and shall always be open for 
the transaction of business. There shall be two depart- 
ments, denominated, respectively, Department One and 
Department Two. The Chief Justice shall assign three of 
the Associate Justices to each department, and such assign- 
ment may be changed by him from time to time. The 
Associate Justices shall be competent to sit in either de- 
partment, and may interchange with each other by agree- 
ment among themselves or as ordered by the Chief Justice. 
Each of the departments shall have the power to hear and 
determine causes and all questions arising therein, subject 
to the provisions hereinafter contained in relation to the 
Court in bank. The presence of three Justices shall be 
necessary to transact any business in either of the depart- 
ments, except such as may be done at chambers, and the 
concurrence of three Justices shall be necessary to pro- 
nounce a judgment. The Chief Justice shall apportion 
the business to the departments, and may, in his discre- 
tion, order any cause pending before the Court to be heard 
and decided by the Court in bank. The order may be 
made before or after judgment pronounced by a depart, 
ment; but where a cause has been allotted to one of the de- 
partments, and a judgment pronounced thereon, the order 
must be made within thirty days after such judgment and 
concurred in by two Associate Justices, and if so made it 
shall have the effect to vacate and set aside the judgment. 
Any four Justices may, either before or after judgment by 
a department, order a case to be heard in bank. If the 
order be not made within the time above limited, the judg- 
ment shall be final. No judgment by a department shall 
become final until the expiration of the period of thirty 
days aforesaid, unless approved by the Chief Justice in 
writing, with the concurrence of two Associate Justices. 
The Chief Justice may convene the Court in bank at any 



68 CALIFORNIA CONSTITUTION, 

time, and shall be the presiding Justice of the Court when 
so convened. The concurrence of four Justices present at 
the argument shall be necessary to pronounce a judgment 
in bank; but if four Justices, so present, do not concur in 
a judgment, then all the Justices qualified to sit in the 
cause shall hear the argument; but to render a judgment 
a concurrence of four Judges shall be necessary. In the 
determination of causes, all decisions of the Court in bank 
or in departments shall be given in writing, and the 
grounds of the decision shall be stated. The Chief Jus- 
tice maj' sit in either department, and shall preside when 
so sitting, but the Justices assigned to each department 
shall select one of their number as presiding Justice. In 
case of the absence of the Chief Justice from the place at 
which the Court is held, or his inability to act, the Asso- 
ciate Justices shall select one of their own number to per- 
form the duties and exercise the powers of the Chief Jus- 
tice during such absence or inability to act. 

Sec. 3. The Chief Justice and the Associate Justices 
shall be elected by the qualified electors of the State at 
large at the general State elections, at the times and places 
at which the State officers are elected ; and the term of 
office shall be twelve years, from and after the first Mon- 
day after the first day of January next succeeding their 
election ; pj-ovided, that the six Associate Justices elected 
at the first election shall, at their first meeting, so classify 
themselves, by lot, that two of them shall go out of office 
at the end of four years, two of them at the end of eight 
years, and two of them at the end of twelve years, and an 
entry of such classification shall be made in the minutes 
of the Court in bank, signed by them, and a duplicate 
thereof shall be filed in the office of the Secretary of State. 
If a vacancy occur in the office of a Justice, the Governor 
shall appoint a person to hold the office until the election 



CALIFORNIA CONSTITUTION. 69 

and qualification of a Justice to fill the vacancy, which 
election shall take place at the next succeeding general 
election, and the Justice so elected shall hold the office for 
the remainder of the unexpired term. The first election 
of the Justices shall be at the first general election after 
the adoption and ratification of this Constitution. 

Sec. 4. The Supreme Court shall have appellate juris- 
diction in all cases in equity, except such as arise in Justices' 
Courts ; also, in all cases at law which involve the title or 
possession of real estate, or the legality of any tax, impost, 
assessment, toll, or municipal fine, or in which the demand, 
exclusive of interest, or the value of the property in con- 
troversy, amounts to three hundred dollars ; also, in cases 
of forcible entry and detainer, and in proceedings in insol- 
vency, and in actions to prevent or abate a nuisance, and 
in all such probate matters as may be provided by law ; 
also, in all criminal cases prosecuted by indictment or in- 
formation in a Court of record on questions of law alone. 
The Court shall also have power to issue writs of man- 
damus, certiorari, prohibition, and habeas corpus, and all 
other writs necessary or proper to the complete exercise 
of its appellate jurisdiction. Each of the Justices shall 
have power to issue writs of habeas corpus to any part of 
the State, upon petition by or on behalf of any person 
held in actual costody, and may make such writs return- 
able before himself, or the Supreme Court, or before any 
Superior Court in the State, or before any judge thereof. 

Sec. 5. The Superior Court shall have original juris- 
diction in all cases in equity, and in all cases at law which 
involve the title or possession of real property, or the le- 
gality of any tax, impost, assessment, toll, or municipal 
fine, and in all other cases in which the demand, exclusive 
of interest, or the value of the property in controversy, 
amounts to three hundred dollars, and in all criminal cases 



70 CALIFORNIA CONSTITCTION. 

amounting to felony, and in cases of misdemeanor not 
otherwise provided for ; of actions of forcible entry and 
detainer ; of proceedings in insolvency ; of actions to pre- 
vent or abate a nuisance ; of all matters of probate ; of 
divorce and for annulment of marriage, and of all such 
special cases of proceedings as are not otherwise provided 
for. And said Court shall have the power of naturalization, 
and to issue papers therefor. They shall have appellate 
jurisdiction in such cases arising in Justices' and other in- 
ferior Courts in their respective counties as may be pre- 
scribed by law. They shall always be open (legal holidays 
and non-judicial days excepted), and their process shall 
extend to all parts of the State ; provided, that all actions 
for the recovery of the possession of, quieting the title to, 
or for the enforcement of liens upon real estate, shall be 
commenced in the county in which the real estate, or any 
part thereof affected by such action or actions, is situated. 
Said Courts, and their Judges, shall have power to issue 
writs of mandamus, certiorari, prohibition, quo warranto, 
and habeas corpus, on petition by or on behalf of any per- 
son in actual custody in their respective counties. In- 
junctions and writs of prohibition may be issued and 
served on legal holidays and non-judicial days. 

Sec. 6. There shall be in each of the organized counties, 
or cities and counties, of the State, a Superior Court, for 
each of which at least one Judge shall be elected by the 
qualified electors of the county, or city and county, at 
the general State election ; provided, that until otherwise 
ordered by the Legislature, only one Judge shall be elected 
for the Counties of Yuba and Sutter, and that in the City 
and County of San Francisco there shall be elected twelve 
Judges of the Superior Court, any one or more of whom 
may hold Court. There may be as many sessions of said 
Court, ^t the same time, as there are Judges thereof. The 



CALIFORNIA CONSTITUTION. 71 

said Judges shall choose, from their own number, a pre- 
siding Judge, who may be removed at their pleasure. He 
shall distribute the business of the Court among the Judges 
thereof, and prescribe the order of business. The judg- 
ments, orders, and proceedings of any session of the Su- 
perior Court held by any one or more of the Judges of 
said Courts, respectively, shall be equally effectual as if 
all the Judges of said respective Courts presided at such 
session. In each of the Counties of Sacramento, San 
Joaquin, Los Angeles, Sonoma, Santa Clara, and Alameda 
there shall be elected two such Judges. The term of office 
of Judges of the Superior Courts shall be six years from 
and after the first Monday of January next succeeding 
their election ; provided, that the twelve Judges of the 
Superior Court elected in the City and County of San 
Francisco, at the first election held under this Constitution, 
shall at their first meeting so classify themselves, by lot, 
that four of them shall go out of office at the end of two 
years, and four of them shall go out of office at the end of 
four years, and four of them shall go out of office at the 
end of six years, and an entry of such classification shall 
be made in the minutes of the Court, signed by them, and 
a duplicate thereof filed in the office of the Secretary of 
State, The first election of J udges of the Superior Courts 
shall take place at the first general election held after the 
adoption and ratification of this Constitution. If a vacancy 
occur in the office of Judge of a Superior Court, the Gov- 
ernor shall appoint a person to hold the office until the 
election and qualification of a Judge to fill the vacancy, 
which election shall take place at the next succeeding gen- 
eral election, and the Judge so elected shall hold office for 
the remainder of the unexpired term. 

Sec. 7. In any county, or city and county, other than 
the City and County of San Francisco, in which there 



72 CALIFORNIA CONSTITUTION. 

shall be more than one Judge of the Superior Court, the 
Judges of such Court may hold as many sessions of said 
Court at the same time as there are Judges thereof, and 
shall apportion the business among themselves as equally 
as may be. 

Sec. 8. A Judge of any Superior Court may hold a Su- 
perior Court in any county, at the request of a Judge of 
the Superior Court thereof; and upon request of the Gov- 
ernor it shall be his duty so to do. But a cause in the 
Superior Court may be tried by a Judge pro tempore, who 
must be a member of the bar, agreed upon in writing by 
the parties litigant or their attorneys of record, approved 
by the Court, and sworn to try the cause. 

Sec. 9. The Legislature shall have no power to grant 
leave of absence to any judicial oflficer; and any such offi- 
cer who shall absent himself from the State for more than 
sixty consecutive days shall be deemed to have forfeited 
his office. The Legislature of the State may, at any time, 
two-thirds of the members of the Senate and two-thirds of 
the members of the Assembly voting therefor, increase or 
diminish the number of Judges of the Superior Court in 
any county, or city and county, in the State; provided, 
that no such reduction shall effect any Judge who has 
been elected. 

Sec. 10. The Justices of the Supreme Court and Judges 
of the Superior Courts may be removed by concurrent reso- 
lution of both houses of the Legislature, adopted by a two- 
thirds vote of each house. All other judicial officers, ex- 
cept Justices of the Peace, may be removed by the Senate 
on the recommendation of the Governor, but no removal 
shall be made by virtue of this section, unless the cause 
thereof be entered on the journal, nor unless the party 
complained of has been served with a copy of the com- 
plaint against him, and shall have had an opportunity of 



CALIFORNIA CONSTITUTION". 73 

being heard in his defense. On the question of removal, 
the ayes and noes shall be entered on the journal. 

Sec. 11. The Legislature shall determine the number of 
Justices of the Peace to be elected in townships, incorpo- 
rated cities and towns, or cities and counties, and shall fix 
by law the powers, duties, and responsibilities of Justices 
of the Peace; provided, such powers shall not in any case 
trench upon the jurisdiction of the several Courts of 
record, except that said Justices shall have concurrent 
jurisdiction with the Superior Courts in cases of forcible 
entry and detainer, where the rental value does not exceed 
twenty-five dollars per month, and where the whole 
amount of damages claimed does not exceed two hundred 
dollars, and in cases to enforce and foreclose liens on per- 
sonal property when neither the amount of the liens nor the 
value of the property amounts to three hundred dollars. 

Sec. 12. The Supreme Court, the Superior Courts, and 
such other Courts as the Legislature may prescribe, shall 
be Courts of record. 

Sec. 13. The Legislature shall fix by law the jurisdic- 
tion of any inferior Courts which may be established in 
pursuance of section one of this article, and shall fix by 
law the powers, duties, and responsibilities of the Judges 
thereof. 

Sec. 14. The Legislature shall provide for the election of 
a Clerk of the Supreme Court, and shall fix by law his 
duties and compensation, which compensation shall not be 
increased or diminished during the term for which he shall 
have been elected. The County Clerks shall be ex officio 
Clerks of the Courts of record in and for their respective 
counties, or cities and counties. The Legislature may 
also provide for the appointment, by the several Superior 
Courts, of one or more Commissioners in their respective 
counties, or cities and counties, with authority to perform 



74 CALIFORNIA CONSTITUTION. 

chamber business of the Judges of the Superior Courts, to 
take depositions, and perform such other business con- 
nected with the administration of justice as may be pre- 
scribed by law. 

Sec. 15. No judicial officer, except Justices of the Peace 
and Court Commissioners, shall receive to his own use any 
fees or perquisites of office. 

Sec. 16. The Legislature shall provide for the speedy 
publication of such opinions of the Supreme Court as it 
may deem expedient, and all opinions shall be free for 
publication by any person. 

Sec. 17. The Justices of the Supreme Court and Judges 
of the Superior Courts shall severally, at stated times dur- 
ing their continuance in office, receive for their services a 
compensation which shall not be increased or diminished 
after their election, nor during the term for which they 
shall have been elected. The salaries of the Justices of 
the Supreme Court shall be paid by the State. One-half 
of the salary of each Superior Court Judge shall be paid 
by the State; the other half thereof shall be paid by the 
county for which he is elected. During the term of the 
first Judges elected under this Constitution, the annual 
salaries of the Justices of the Supreme Court shall be six 
thousand dollars each. Until otherwise changed by the 
Legislature, the Superior Court Judges shall receive an 
annual salary of three thousand dollars each, payable 
monthly, except the Judges of the City and County of 
San Francisco, and the Counties of Alameda, San Joaquin, 
Los Angeles, Santa Clara, Yuba and Sutter combined, 
Sacramento, Butte, Nevada, and Sonoma, who shall re- 
ceive four thousand dollars each. 

Sec. 18. The Justices of the Supreme Court and Judges 
of the Superior Courts shall be ineligible to any other 
office or public employment than a judicial office or em- 



CALIFORNIA CONSTITUTIOK. 75 

ployment duriiifi; the term for which they shall have been 
elected. 

Sec. 19. Judges shall not charge juries with respect to 
matters of fact, but may state the testimony and declare 
the law. 

Sec. 20. The style of all process shall be "The People 
of the State of California," and all prosecutions shall be 
conducted in their name and by their authority. 

Sec. 21. The Justices shall appoint a Reporter of the 
decisions of the Supreme Court, who shall hold his office 
and be removable at their pleasure. He shall receive an 
annual salary not to exceed twenty-five hundred dollars, 
payable monthly. 

Sec. 22. No Judge of a Court of record shall practice 
law in any Court of this State during his continuance in 
olfice. 

Sec. 23. No one shall be eligible to the office of Justice 
of the Supreme Court, or to the office of Judge of a Su- 
perior Court, unless he shall have been admitted to prac- 
tice before the Supreme Court of the State. 

Sec. 24. l^o Judge of a Superior Court, nor of the Su- 
preme Court, shall, after the first day of July, one thou- 
sand eight hundred and eighty, be allowed to draw or 
receive any monthly salaiy unless he shall take and sub- 
scribe to an affidavit before an officer entitled to admin- 
ister oaths, that no cause in his Court remains undecided 
that has been submitted for decision for the period of 
ninety days. 

ARTICLE VII. 

Section 1. The G-overnor shall have the power to grant 
reprieves, pardons, and commutations of sentence, after 
conviction, for all offenses except treason and cases of im- 
peachment, upon such conditions, and with such restric- 



76 CALIFORNIA CONSTITUTION. 

tions and limitations, as he may think proper, subject to 
such regulations as may be provided by law relative to the 
manner of applying for pardons. Upon conviction for 
treason, the Governor shall have power to suspend the 
execution of the sentence until the case shall be reported 
to the Legislature at its next meeting, when the Legis- 
lature shall either pardon, direct the execution of the sen- 
tence, or grant a further reprieve. The Governor shall 
communicate to the Legislature, at the beginning of every 
session, every case of reprieve or pardon granted, stating 
the name of the convict, the crime for which he was con- 
victed, the sentence, its date, the date of the pardon or 
reprieve, and the reasons for granting the same. Neither 
the Governor nor the Legislature shall have power to grant 
pardons or commutations of sentence, in any case where 
the convict has been twice convicted of felony, unless upon 
the written recommendation of a majority of the Judges 
of the Supreme Court. 

ARTICLE VIII. 

Section L The Legislature shall provide, by law, for 
organizing and disciplining the militia, in such manner as 
it may deem expedient, not incompatible with the Consti- 
tution and laws of the United States. Officers of the 
militia shall be elected or appointed in such manner as the 
Legislature shall, from time to time, direct, and shall be 
commissioned by the Governor. The Governor shall have 
power to call forth the militia to execute the laws of the 
State, to suppress insurrections, and repel invasions. 

Sec. 2. All military organizations provided for by this 
Constitution, or any law of this State, and receiving State 
support, shall, while under arms, either for ceremony or 
duty, carry no device, banner, or flag of any State or na- 
tion, except that of the United States or the State of Cali- 
fornia. 



CALIFORNIA COXSTITUTION. 77 

ARTICLE IX. 

Section 1. A general diffusion of knowledge and intel- 
ligence being essential to the preservation of the rights and 
liberties of the people, the Legislature shall encourage by- 
all suitable means the promotion of intellectual, scientific, 
moral, and agricultural improvement. 

Sec. 2. A Superintendent of Public Instruction shall, at 
each gubernatorial election after the adoption of this Con- 
stitution, be elected by the qualified electors of the State. 
He shall receive a salary equal to that of the Secretary of 
State, and shall enter upon the duties of his office on the 
first Monday after the first day of January next succeeding 
his election. 

Sec. 3. A Superintendent of Schools for each county 
shall be elected by the qualified electors thereof at each 
gubernatorial election; provided, that the Legislature may 
authorize two or more counties to unite and elect one Su- 
perintendent for the counties so uniting. 

Sec. 4. The proceeds of all lands that have been or may 
be granted by the United States to this State for the sup- 
port of common schools, which may be, or may have been, 
sold or disposed of, and the five hundred thousand acres 
of land granted to the new States under an Act of Con- 
gress distributing the proceeds of the public lands among 
the several States of the Union, approved A. D. one thou- 
sand eight hundred and forty-one, and all estates of -de- 
ceased persons who may have died without leaving a will 
or heir, and also such per cent, as may be granted, or may 
have been granted, by Congress on the sale of lands in 
this State, shall be and remain a perpetual fund, the in- 
terest of which, together with all the rents of the unsold 
lands, and such other means as the Legislature may pro- 
vide, shall be inviolably appropriated to the support of 
common schools throughout the State. 



78 CALIFORNIA CONSTITUTION. 

Sec. 5. The Legislature shall provide for a sj^stem of 
common schools by which a free school shall be kept up 
and supported in each district at least six months in every 
year, after the first year in which a school has been estab- 
lished. 

Sec. 6. The public school system shall include primary 
and grammar schools, and such high schools, evening 
schools, normal schools, and technical schools as may be 
established by the Legislature, or by municipal or district 
authority; but the entire revenue derived from the State 
School Fund, and the State school tax, shall be applied ex- 
clusively to the support of primary and grammar schools. 

Sec. 7. The Governor, Superintendent of Public In- 
struction, and the Principals of the State Normal Schools, 
shall constitute the State Board of Education, and shall 
compile, or cause to be compiled, and adopt a uniform 
series of text-books for use in the common schools through- 
out the State. The State Board may cause such text- 
books, when adopted, to be printed and published by the 
Superintendent of State Printing, at the State Printing 
Office, and when so printed and published, to be distributed 
and sold at the cost price of printing, publishing, and dis- 
tributing the same. The text-books so adopted shall con- 
tinue in use not less than four years; and said State Board 
shall perform such other duties as may be prescribed by 
law. The Legislature shall provide for a Board of Edu- 
cation in each county in the State. The County Superin- 
tendents and the County Boards of Education shall have 
control of the examination of teachers and the granting of 
teachers' certificates within their respective jurisdictions, 
[Amendment, approved March 15, 1SS3: ratified at the gen- 
eral election November 4, 1884.] 

Sec. 8. No public money shall ever be appropriated for 
the support of any sectarian or denominational school, or 



CALIFORNIA CONSTITUTION. 79 

any school not under the exclusive control of the officers 
of the public schools; nor shall any sectarian or denomi- 
national doctrine be taught, or instruction thereon be per- 
mitted, directly or indirectly, in any of the common 
schools of this State. 

Sec. 9. The University of California shall constitute a 
public trust, and its organization and government shall be 
perpetually continued in. the form and character prescribed 
by the organic Act creating the same, passed March 
twenty-third, eighteen hundred and sixty-eight (and the 
several Acts amendatory thereof), subject only to such 
legislative control as may be necessary to insure compli- 
ance with the terms of its endowments and the proper in- 
vestment and security of its funds. It shall be entirely 
indepen<lent of all political or sectarian influence, and kept 
free therefrom in the appointment of its Regents, and in 
the administration of its affairs; provided, that all the 
moneys derived from the sale of the public lands donated 
to this State l^y Act of Congress, approved July second, 
eighteen hundred and sixty-two (and the several Acts 
amendatory thereof), shall be invested as provided b}'^ said 
Acts of Congress, and the interest of said moneys shall be 
inviolably appropriated to the endowment, support, and 
maintenance of at least one College of Agriculture, where 
the leading objects shall be (without excluding other 
scientific and classical studies, and including military tac- 
tics) to teach such branches of learning as are related to 
scientific and practical agriculture and the mechanic arts, 
in accordance with the requirements and conditions of said 
Acts of Congress; and the Legislature shall provide that 
if, through neglect, misappropriation, or any other con- 
tingency, any portion of the funds so set apart shall be 
diminished or lost, the State shall replace such portion so 



80 CALIFORNIA CONSTITUTION. 

lost or misappropriated, so that the principal thereof shall 
remain forever undiminished. No person shall be debarred 
admission to any of the collegiate departments of the Uni- 
versity on account of sex. 

ARTICLE X. 

Section 1. There shall be a State Board of Prison Di- 
rectors, to consist of five persons, to be appointed by the 
Governor, with the advice and consent of the Senate, who 
shall hold office for ten years, except that the first ap- 
pointed shall, in such manner as the Legislature may di- 
rect, be so classified that the term of one person so ap- 
pointed shall expire at the end of each two years during 
the first ten years, and vacancies occurring shall be filled 
in like manner. The appointee to a vacancy, occurring 
before the expiration of a term, shall hold office only for 
the unexpired term of his predecessor. The Governor 
shall have the power to remove either of the Directors for 
misconduct, incompetency, or neglect of duty, after an op- 
portunity to be heard on written charges. 

Sec. 2. The Board of Directors shall have the charge 
and superintendence of the State Prisons, and shall pos- 
sess such powers and perform such duties, in respect to 
other penal and reformatory institutions of the State, as 
the Legislature may prescribe. 

Sec. 3. The Board shall appoint the Warden and Clerk, 
and determine the other necessary officers of the prisons. 
The Board shall have power to remove the Wardens and 
Clerks for misconduct, incompetency, or neglect of duty. 
All other officers and employes of the prisons shall be ap- 
pointed by the Warden thereof, and be removed at his 
pleasure. 

Sec. 4. The members of the Board shall receive no com- 
pensation, other than reasonable traveling and other ex- 



CALIFORNIA CONSTITUTION. 81 

penses incurred while engaged in the performance of 
official duties, to be audited as the Legislature may direct. 

Sec. 5. The Legislature shall pass such laws as may be 
necessary to further define and regulate the powers and 
duties of the Board, Wardens, and Clerks, and to carry 
into efifect the provisions of this article. 

Sec. 6. After the first day of January, eighteen hundred 
and eighty-two, the labor of convicts shall not be let out 
by contract to any person, copartnership, company, or 
corporation, and the Legislature shall, by law, provide for 
the working of convicts for the benefit of the State. 

ARTICLE XL 

Section L The several counties, as they now exist, are 
hereby recognized as legal subdivisions of this State. 

Sec. 2. No county seat shall be removed unless two- 
thirds of the qualified electors of the county, voting on 
the proposition at a general election, shall vote in favor of 
such removal. A proposition of removal shall not be sub- 
mitted in the same county more than once in four years. 

Sec. 3. No new county shall be established which shall 
reduce any county to a population of less than eight thou- 
sand; nor shall a new county be formed containing a less 
population than five thousand, nor shall any line thereof 
pass Avithin five miles of the county seat of any county 
proposed to be divided. Every county which shall be en- 
larged or created from territory taken from any other 
county or counties, shall be liable for a just proportion of 
the existing debts and liabilities of the county or counties 
from which such territory shall be taken. 

Sec. 4. The Legislature shall establish a system of 
county governments which shall be uniform throughout 
the State; and by general laws shall provide for township 



82 CALIFORNIA CONSTITUTION. 

organization, under which any county may organize when- 
ever a majority of the qua' i Heel electors of such county, 
voting at a general election, shall so determine; and when- 
ever a county shall adopt township organization, the as- 
sessment and collection of the revenue shall be made and 
the business of such county and the local affairs of the 
several townships therein shall be managed and trans- 
acted in the manner prescribed by such general laws. 

Sec. 5. The Legislature, by general and uniform laws, 
shall provide for the election or appointment, in the sev- 
eral counlies, of Boards of Supervisors, Sheriffs, County- 
Clerks, District Attorneys, and such other county, town- 
ship, and municipal officers as public convenience may re- 
quire, and shall prescribe their duties, and fix their terms 
of office. It shall regulate the compensation of all such 
officers, in proportion to duties, and for this purpose may 
classify the counties by population; and it shall provide 
for the strict accountability of county and township officers 
for all fees which may be collected by them, and for all 
public and municipal moneys which may be paid to them, 
or officially come into their possession. 

Sec. 6. Corporations for municipal purposes shall not be 
created by special laws; but the Legislature, by general 
laws, shall provide for the incorporation, organization, and 
classification, in proportion to population, of cities and 
towns, which laws may be altered, amended, or repealed. 
Cities and towns heretofore organized or incorporated may 
become organized under such general laws whenever a 
majority of the electors voting at a general election shall 
so determine, and shall organize in conformity therewith; 
and cities or towns heretofore or hereafter organized, and 
all charters thereof framed or adopted by authority of this 
Constitution, shall be subject to and controlled by gen- 
eral laws. 



CALIFORNIA CONSTITUTION. 83 

Sec. 7. City and county governments may be merged 
and consolidated into one municipal government, with one 
set of officers, and may be incorporated under general 
laws providing for the incorporation and organization of 
corporations for municipal purposes. The provisions of 
this Constitution applicable to cities, and also those ap- 
plicable to counties, so far as not inconsistent or not pro- 
hibited to cities, shall be applicable to such consolidated 
government. In consolidated city and county govern- 
ments, of more than one hundred thousand population, 
there shall be two Boards of Supervisors or houses of legis- 
lation — one of which, to consist of twelve persons, shall be 
elected by general ticket from the city and county at 
large, and shall hold office for the term of four years, but 
shall be so classified that after the first election only six 
shall be elected every two years; the other, to consist of 
twelve persons, shall be elected every two years, and shall 
hold office for the term of two years. Any vacancy occur- 
ring in the office of Supervisor, in either Board, shall be 
filled by the Mayor or other chief executive officer. 

Sec. 8. Any city containing a population of more than 
one hundred thousand inhabitants may frame a charter for 
its own government, consistent with and subject to the 
Constitution and laws of this State, by causing a Board 
of fifteen freeholders, who shall have been at least five 
years qualified electors thereof, to be elected by the quali- 
fied voters of such city, at any general or special election, 
whose duty it shall be, within ninety days after such elec- 
tion, to prepare and propose a charter for such city, which 
shall be signed in duplicate by the members of such Board, 
or a majority of them, and returned, one copy thereof to 
the Mayor, or other chief executive officer of such city, 
and the other to the Recorder of Deeds of the county. 
Such supposed charter shall then be published in two 



84 CALIFORNIA CONSTITUTION. 

daily papers of general circulation in such city for at least 
twenty days, and within not less than thirty days after 
such publication it shall be submitted to the qualified 
electors of such city at a general or special election, and if 
a majority of such qualified electors voting thereat shall 
ratify the same, it shall thereafter be submitted to the 
Legislature for its approval or rejection as a whole, with- 
out power of alteration or amendment, and if approved by 
a majority vote of the members elected to each house, it 
shall become the charter of such city, or if such city be 
consolidated with a county, then of such city and county, 
and shall become the organic law thereof, and supersede 
any existing charter and all amendments thereof, and all 
special laws inconsistent with such charter. A copy of 
such charter, certified by the Mayor or chief executive 
officer, and authenticated by the seal of such city, setting 
forth the submission of such charter to the electors and its 
ratification by them, shall be made in duplicate and de- 
posited, one in the olfice of the Secretary of State, the 
other, after being recorded in the office of the Eecorder of 
Deeds of the county, among the archives of the city; all 
Courts shall take judicial notice thereof. The charter so 
ratified may be amended at intervals of not less than two 
years, by proposals therefor, submitted by legislative au- 
thority of the city to the qualified voters thereof, at a gen- 
eral or special election held at least sixty days after the 
publication of such proposals, and ratified by at least 
three-fifths of the qualified electors voting thereat, and 
approved by the Legislature as herein provided for the 
approval of the charter. In submitting any such charter 
or amendment thereto, any alternative article or propo- 
sition may be presented for the choice of the voters, and 
may be voted on separately without prejudice to others. 
Any city containing a population of more than ten thou- 



CALIFORNIA CONSTITUTION. 85 

sand and not more than one hundred thousand inhabitants, 
may frame a charter for its own government, consistent 
with and subject to the Constitution a,nd laws of this 
State, by causing a Board of fifteen freeholders, who shall 
have been for at least five years qualified electors thereof, 
to be elected by the qualified voters of said city, 
at any general or special election, whose duty it shall 
be, within ninety days after such election, to prepare and 
propose a charter for such city, which shall be signed in 
duplicate by the members of such Board, or a majority of 
them, and returned, one copy thereof to the Mayor, or 
other chief executive of said cit}^, and the other to the 
Recorder of the county. Such proposed charter shall then 
be published in twxD daily papers of general circulation in 
such city, for at least twenty days; and the first publica- 
tion shall be made within twenty days after the com- 
pletion of the charter; and within not less than thirty 
days after such publication it shall be submitted to the 
qualified electors of said city, at a general or special elec- 
tion, and if a majority of such qualified electors v^oting 
thereat shall ratify the same, it shall thereafter be sub- 
mitted to the Legislature for its approval or rejection as a 
whole, without alteration or amendment; and if approved 
by a majority vote of the members elected to each house, 
it shall become the charter of such city, and the organic 
law thereof, and shall supersede any existing charter, and 
any amendments thereof, and all special laws inconsistent 
with such charter. A copy of such charter, certified by 
the Mayor or chief executive officer, and authenticated by 
the seal of such city, setting forth the submission of such 
charter to the electors, and its ratification by them, shall 
be made in duplicate, and deposited, one in the office of 
Secretary of State, and the other, after being recorded in 
said Recorder's office, shall be deposited in the archives of 



86 CALIFORNIA CONSTITUTION. 

the city; and thereafter all Courts shall take judicial no- 
tice of said charter. The charter so ratified may be 
amended, at intervals of not less than two years, by pro- 
posals therefor, submitted by the legislative authority of 
the city to the qualified electors thereof, at a general or 
special election held at least sixtj- days after the publica- 
tion of such proposals, and ratified by at least three-fifths 
of the qualified electors voting thereat, and approved by 
the Legislature as herein provided for the approval of the 
charter. In submitting any such charter, or amendment 
thereto, any alternative article or proposition may be pre- 
sented for the choice of the voters, and may be voted on 
separately without prejudice to others. — Amendment 
adopted April 12, 1887. 

Sec. 9. The compensation of any county, cit}^ town, or 
municipal officer shall not be increased after his election 
or during his term of ofl&ce; nor shall the terra of any such 
officer be extended beyond the period for which he is 
elected or appointed. 

Sec. 10. No county, city, town, or other public or mu- 
nicipal corporation, nor the inhabitants thereof, nor the 
property therein, shall be released or discharged from its 
or their proportionate share of taxes to be levied for State 
purposes, nor shall commutation for such taxes be author- 
ized in any form whatsoever. 

Sec. 11. Any county, city, town, or township may make 
and enforce within its limits all such local, police, sani- 
tary, and other regulations as are not in conflict with gen- 
eral laws. 

Sec. 12. The Legislature shall have no power to impose 
taxes upon counties, cities, towns, or other public or mu- 
nicipal corporations, or upon the inhabitants or property 
thereof, for county, city, town, or other municipal pur- 
poses, but may, by general law s, vest in the corporate au- 



CALIFORNIA CONSTITUTION. 87 

thorities thereof the poM'er to assess and collect taxes for 
such purposes. 

Sec. 13. The Legislature shall not delegate to any 
special commission, private corporation, company, associa- 
tion, or individual any power to make, control, appro- 
priate, supervise, or in a.ny way interfere with any county, 
city, town, or municipal improvement, money, property, 
or effects, whether held in trust or otherwise, or to levy 
taxes or assessments, or perform any municipal functions 
whatever. 

Sec. 14. No State office shall be continued or created in 
any countj'-, city, town, or other municipality, for the in- 
spection, measurement, or graduation of any merchandise, 
manufacture or commodity; but such county, city, town, 
or municipality may, when authorized by general law, ap- 
point such officers. 

Sec. 15. Private property shall not be taken or sold for 
the payment of the corporate debt of any political or mu- 
nicipal corporation. 

Sec. 16. All moneys, assessments, and taxes belonging 
to or collected for the use of any county, city, town or 
other public or municipal corporation, coming into the 
hands of any officer thereof, shall immediately be deposi- 
ted with the Treasurer, or other legal depository, to the 
credit of such city, town, or other corporation respect- 
ively, for the benefit of the funds to which they respect- 
ively belong. 

Sec. 17. The making of profit out of county, city, town, 
or other public money, or using the same for any purpose 
not authorized by law, by any officer having the possession 
or control thereof, shall be a felony, and shall be prose- 
cuted and punished as prescribed by law. 

Sec. 18. No county, city, town, township, Board of Ed- 
ucation, or school district shall incur any indebtedness or 



88 CALIFORNIA CONSTITUTION". 

liabilit}^ in any manner, or for any purpose, exceeding in 
any one year the income and revenue provided for it for 
such year, without the assent of two -thirds of the quali- 
fied electors thereof, voting at -an election to be held for 
that purpose, nor unless, before or at the time of incurring 
such indebtedness, provision shall be made for the collec- 
tion of an annual tax sufficient to pay the interest on such 
indebtedness as it falls due, and also to constitute a sink- 
ing fund for the payment of the principal thereof within 
twenty years from the time of contracting the same. Any 
indebtedness or liability incurred contrary to this provi- 
sion shall be void. 

Sec. 19. In any city where there are no public works 
owned and controlled by the municipality for supplying 
the same with water or artificial light, any individual, or 
any company duly incorporated for such purpose under 
and by authority of the laws of this State, shall, under 
the direction of the Superintendent of Streets, or other 
officer in control thereof, and under such general regula- 
tions as the municipality may prescribe for damages and 
indemnity for damages, have the privilege of using the 
public streets and thoroughfares thereof, and of laying 
down pipes and conduits therein, and connections there- 
with, so far as may be necessary for introducing into and 
supplying such city and its inhabitants either with gas- 
light or other illuminfvting light, or with fresh water for 
domestic and all other purposes, upon the condition that 
the municipal government shall have the right to regulate 
the charges thereof. [Amendment adopted November 4, 
1884.] 

ARTICLE XII. 

Section 1. Corporations may be formed under general 
laws, but shall not be created by special Act. All laws 



CALIFORNIA CONSTITUTION. 89 

now in force in this State concerning corporations, and all 
laws that may be hereafter passed pursuant to this sec- 
tion, may be altered from time to time or repealed. 

Sec. 2. Dues from corporations shall be secured by such 
individual liability of the corporators and other means as 
may be prescribed by law. 

Sec, 3. Each stockholder of a corporation, or joint- 
stock association, shall be individually and personally lia- 
ble for such proportion of all its debts and liabilities con- 
tracted or incurred, during the time he was a stockholder, 
as the amount of stock or shares owned by him bears to 
the whole of the subscribed capital stock or shares of the 
corporation or association. The directors or trustees of 
corporations or joint-stock associations shall be jointly 
and severally liable to the creditors and stockholders for 
all moneys embezzled or misappropriated by the officers 
of such corporation or joint-stock association, during the 
term of such director or trustee. 

Sec. 4. The term corporations, as used in this article, 
shall be construed to include all associations and joint- 
stock companies having any of the powers or privileges of 
corporations not possessed by individuals or partnerships, 
and all corporations shall have the right to sue and shall 
be subject to be sued, in all Courts, in like cases as natural 
persons. 

Sec. 5. The Legislature shall have no power to pass any 
Act granting any charter for banking purposes, but cor- 
porations or associations may be formed for such purposes 
under general laws. No corporation, association, or indi- 
vidual shall issue or put into circulation, as monej', any- 
thing but the lawful money of the United States. 

Sec. 6. All existing charters, grants, franchises, special 
or exclusive privileges, under which an actual and bona 
fide organization shall not have taken place, and business 



90 CALIFORNIA CONSTITUTION. 

been commenced in good faith, at the time of the adoption 
of this Constitution, shall thereafter have no validity, 

8ec. 7. The Legislature shall not extend any franchise 
or charter, nor remit the forfeitui-e of any franchise or 
charter of any corporation now existing, or which shall 
hereafter exist, under the laws of this State. 

Sec. 8, The exercise of the right of eminent domain shall 
never be so abridged or construed as to prevent the Legis- 
lature from taking the property and franchises of incor- 
porated companies and subjecting them to public use the 
same as the property of individuals, and the exercise of 
the police power of the State shall never be so abridged or 
construed as to permit corporations to conduct their busi- 
ness in such manner as to infringe the rights of individuals 
or the genei"al well-being of the State. 

Sec. 9. No corporation shall engage in any business 
other than that expressly authorized in its charter, or the 
law under which it may have been or may hereafter be or- 
ganized; nor shall it hold for a longer period than five 
years any real estate except such as may be necessary for 
carrying on its business. 

Sec. 10. The Legislature shall not pass any laws per- 
mitting the leasing or alienation of any franchise, so as to 
relieve the franchise or property held thereunder from the 
liabilities of the lessor or grantor, lessee or grantee, con- 
tracted or incurred in the operation, use, or enjoyment of 
such franchise, or any of its privileges. 

Sec. 11. No corporation shall issue stock or bonds, ex- 
cept for money paid, labor done, or property actually re- 
ceived, and all fictitious increase of stock or indebtedness 
shall be void. The stock and bonded indebtedness of cor- 
porations shall not be increased except in pursuance of 
general law, nor without the consent of the persons hold- 
ing the larger amount in value of the stock, at a meeting 



CALIFOENIA CONSTITUTION. 91 

called for that purpose, giving sixty days' public notice, as 
may be provided by law. 

Sec. 12. In all elections for directors or managers of 
corporations every stockholder shall have the right to vote, 
in person or by proxy, the number of shares of stock owned 
by him, for as many persons as there are directors or man- 
agers to be elected, or to cumulate said shares and give 
one candidate as many votes as the number of directors 
multiplied by the number of his shares of stock shall equal, 
or to distribute them, on the same principle, among as 
many candidates as he may think fit; and such directors 
or managers shall not be elected in any other manner, ex- 
cept that members of co-operative societies formed for ag- 
ricultural, mercantile, and manufacturing purposes may 
vote on all questions affecting such societies in manner 
prescribed by law. 

Sec. 13. The State shall not in any manner loan its 
credit, nor shall it subscribe to or be interested in the 
stock of any company, association, or corporation. 

Sec. 14. Every corporation, other than religious, educa- 
tional, or benevolent, organized or doing business in this 
State, shall have and maintain an office or place in this 
State for the transaction of its business, where transfers 
of stock shall be made, and in which shall be kept for in- 
spection, by every person having an interest therein, and 
legislative committees, books in which shall be recorded 
the amount of capital stock subscribed, and by whom; the 
names of the owners of its stock, and the amounts owned 
by them respectively; the amount of stock paid in, and 
by whom; the transfers of stock; the amount of its assets 
and liabilities, and the names and place of residence of its 
officers. 

Sec. 15. No corporation organized outside the limits of 
this State shall be allowed to transact business within this 



92 CALIFORNIA CONSTITUTION. 

State on more favorable conditions than are prescribed bj' 
law to similar corporations organized under the laws of 
this State. 

Sec. 16. A coz-poration or association may be sned in the 
county where the contract is made or is to be performed, 
or where the obligation or liability arises, or the breach 
occurs; or in the county where the principal place of busi- 
ness of such corporation is situated, subject to the power 
of the Court to change the place of trial as in other cases. 

Sec. 17. All railroad, canal, and other transportation 
companies are declared to be common carriers, and subject 
to legislative control. Any association or corporation, or- 
ganized for the pui'pose, under the laws of this State, shall 
have the right to connect at the State line with railroads 
of other States. Every railroad company shall have the 
right with its road to intersect, connect with, or cross any 
other railroad, and shall receive and transport each the 
other's passengers, tonnage, and cars, without delay or 
discrimination. 

Sec. is. No president, director, officer, agent, or em- 
ploye of any railroad or canal company shall be interested, 
directly or indirectly, in the furnishing of material or 
supplies to such company, nor in the business of trans- 
portation as a common carrier of freight or passengers over 
the works owned, leased, controlled, or worked by such 
company, except such interest in the business of trans- 
portation as lawfully flows from the ownership of stock 
therein. 

Sec. 19. No railroad or other transportation company 
shall grant free passes, or passes or tickets at a discount, 
to any person holding any office of honor, trust, or profit 
in this State; and the acceptance of any such pass or 
ticket by a member of the Legislature or any public 



CALIFORNIA CONSTITUTIOX. 93 

officer, other than Railroad Commissioner, shall work a 
forfeiture of his office. 

Sec. 20. No railroad company or other common carrier 
shall combine or make any contract with the owners of any 
vessel that leaves port or makes port in this State, or with 
any common carrier, by which combination or contract 
the earnings of one doing the carrying are to be shared by 
the other not doing the carrying. And whenever a rail- 
road corporation shall, for the purpose of competing with 
any other common carrier, lower its rates for transporta- 
tion of passengers or freight from one point to another, 
such reduced rates shall not be again raised or increased 
from such standard without the consent of the govern- 
mental authority in which shall be vested the power to 
regulate fares and freights. 

Sec. 21. No discrimination in charges or facilities for 
transportation shall be made by any railroad or other 
transportation company between places or persons, or in 
the facilities for the transportation of the same classes of 
freight or passengers within this State, or coming from or 
going to any other State. Persons and property trans- 
ported over any railroad, or by any other transportation 
company or individual, shall be delivered at any station, 
landing, or port, at charges not exceeding the charges for 
the transportation of persons and property of the same 
class, in the same direction, to any more distant station, 
port, or landing. Excursion and commutation tickets may 
be issued at special rates. 

Sec. 22. The State will be divided into three districts 
as nearly equal in population as practicable, in each of 
which one Railroad Commissioner shall be elected by the 
qualified electors thereof at the regular gubernatorial elec- 
tions, whose salary shall be fixed by law, and whose term 
of office shall be four years, commencing on the first Mon- 



94 CALIFORNIA CONSTITUTION. 

day after the first day of January next succeeding their 
election. Said Commissioners shall be qualified electors 
of this State and of the district from which they are 
elected, and shall not be interested in any railroad corpo- 
ration, or other transportation company, as stockholder, 
creditor, agent, attorney, or employe; and the act of a 
majority of said Commissioners shall be deemed the act of 
said Commission. Said Commissioners shall have the 
power, and it shall be their duty, to establish rates of 
charges for the transportation of passengers and freight 
by railroad or other transportation companies, and pviblish 
the same from time to time, with such changes as they 
may make; to examine the books, records, and papers of 
all railroad and other transportation companies, and for 
this purpose they shall have power to issue subpoenas and 
all other necessary process; to hear and determine com- 
plaints against railroad and other transportation compa- 
nies, to send for persons and papers, to administer oaths, 
take testimony, and punish for contempt of their orders 
and processes, in the same manner and to the same extent 
as Courts of record, and enforce their decisions and cor- 
rect abuses through the medium of the Courts. Said Com- 
missioners shall prescribe a uniform system of accounts to 
be kept by all such corporations and companies. Any 
railroad corporation or transportation company which shall 
fail or refuse to conform to such rates as shall be estab- 
lished by such Commissioners, or shall charge rates in 
excess thereof, or shall fail to keep their accounts in ac- 
cordance with the system prescribed by the Commission, 
shall be fined not exceeding twenty thousand dollars 
for each offense; and every officer, agent, or employe of 
any such corporation or company, who shall demand or 
receive rates in excess thereof, or who shall in any manner 
violate the provisions of this section, shall be fined not 



CALIFORNIA CONSTITUTION, 95 

exceeding five thousand dollars, or be imprisoned in the 
county jail not exceeding one year. In all controversies, 
civil or criminal, the rates of fares and freights estab- 
lished by said Commission shall be deemed conclusively 
just and reasonable, and in any action against such cor- 
poration or company for damages sustained by charging 
excessive rates, the plaintiflp, in addition to the actual 
damage, may, in the discretion of the Judge or jury, re- 
cover exemplary damages. Said Commission shall report 
to the Governor, annually, their proceedings, and such 
other facts as may be deemed important. Nothing in this 
section shall prevent individuals from maintaining actions 
against any of such companies. The Legislature may, in 
addition to any penalties herein prescribed, enforce this 
article by forfeiture of charter or otherwise, and may con- 
fer such further powers on the Commissioners as shall be 
necessary to enable them to perform the duties enjoined 
on them in this and the foregoing section. The Legislature 
shall have power, by a two-thirds vote of all the members 
elected to each house, to remove any one or more of said 
Commissioners from office for dereliction of duty, or cor- 
ruption, or incompetency; and whenever, from any cause, 
a vacancy in office shall occur in said Commission, the 
Governor shall fill the same by the appointment of a quali- 
fied person thereto, who shall hold office for the residue 
of the unexpired term, and until his successor shall have 
been elected and qualified. 

Sec. 23. Until the Legislature shall district the State, 
the following shall be the railroad districts : The First 
District shall be composed of the Counties of Alpine, 
Amador, Butte, Calavera.s, Colusa, Del Norte, El Dorado, 
Humboldt, Lake, Lassen, Mendocino, Modoc, Napa, Ne- 
vada, Placer, Plumas, Sacramento, Shasta, Sierra, Siski- 
you, Solano, Sonoma, Sutter, Tehama, Trinity, Yolo, and 



96 CALIFORNIA CONSTITUTION, 

Yuba, from which one Railroad Commissioner shall be 
elected. The Second District shall be composed of the 
Counties of Marin, San Francisco, and San Mateo, from 
which one Railroad Commissioner shall be elected. The 
Third District shall be composed of the Counties of Ala- 
meda, Contra Costa, Fresno, Inyo, Kern, Los Angeles, 
Mariposa, Merced, Mono, Monterey, San Benito, San Ber- 
nardino, San Diego, San Joaquin, San Luis Obispo, Santa 
Barbara, Santa Clara, Santa Cruz, Stanislaus, Tulare, Tu- 
olumne, and Ventura, from which one Railroad Commis- 
sioner shall be elected. 

Sec. 24. The Legislature shall pass all laws necessary 
for the enforcement of the provisions of this article. 

ARTICLE XIII. 

Section 1. All property in the State, not exempt under 
the laws of the United States, shall be taxed in proportion 
to its value, to be ascertained as provided by law. The 
word "property," as used in this article and section, is 
hereby declared to include moneys, credits, bonds, stocks, 
dues, franchises, and all other matters and things, real, 
personal, and mixed, capable of pi'ivate ownership ; pro- 
vided, that growing crops, property used exclusively for 
public schools, and such as may belong to the United 
States, this State, or to aaiy county or municipal corpora- 
tion within this State, shall be exempt from taxation. 
The Legislature may provide, except in case of credits 
secured by mortgage or trust deed, for a reduction from 
credits of debts due bona fide residents of this State. 

Sec. ^. Land, and the improvements thereon, shall be 
separately assessed. Cultivated and uncultivated land of 
\ the same quality, and similarly situated, shall be assessed 
at the same value. 



CALIFORNIA CONSTITUTION. 97 

Sec. 3. Every tract of land containing more than six 
hundred and foi't3'- acres, and which has been sectionized 
by the United States Government, shall be assessed, for 
the purposes of taxation, by sections or fractions of sections. 
The Legislature shall provide by law for the assessment, 
in small tracts, of all lands not sectionized by the United 
States Government. 

Sec. 4. A mortgage, deed of trust, contract, or other 
obligation by which a debt is secured, shall, for the pur- 
pose of assessment and taxation, be deemed and treated 
as an interest in the property affected thereby. Except as 
to railroad and other quasi-public corporations, in case of 
debt so secured, the value of the property affected by such 
mortgage, deed of trust, contract, or obligation, less the 
value of such security, shall be assessed and taxed to the 
owner of the property, and the value of such security shall 
be assessed and taxed to the owner thereof, in the county, 
city, or district in which the property affected thereby is 
situate. The taxes so levied shall be a lien upon the prop- 
erty and security, and may be paid to either party to such 
security ; if paid by the owner of the security, the tax so 
levied upon the property affected thereby shall become a 
part of the debt so secured ; if the owner of the property 
shall pay the tax so levied on such security, it shall con- 
stitute a payment thereon, and to the extent of such pay- 
ment, a full discharge thereof ; provided, that if any such 
security or indebtedness shall be paid by such debtor or 
debtors, after assessment and before the tax levy, the 
amount of such levy may likewise be retained by such 
debtor or debtors, and shall be computed according to the 
tax levy of the preceding year. 

Sec. 5. Every contract hereafter made, by which a debtor 
is obligated to pay any tax or assessment on money loaned, 
or on any mortgage, deed of trust, or other lien, shall, as 



98 CALIFORNIA CONSTITUTION. 

to any interest specified therein, and as to such tax or as- 
sessment, be null and void. 

Sec. 6. The power of taxation shall never be surrendered 
or suspended by any grant or contract to which the State 
shall be a party. 

Sec. 7. The Legislature shall have the power to provide 
by law for the payment of all taxes on real property by 
installments. 

Sec. 8. The Legislature shall by law require each tax- 
payer in the State to make and deliver to the County As- 
sessor, annually, a statement, under oath, setting forth 
specifically all the real and personal property owned by 
such taxpayer, or in his possession, or under his control, 
at twelve o'clock meridian on the first Monday of March. 

Sec. 9. A State Board of Equalization, consisting of one 
member from each Congressional District in this State, as 
the same existed in eighteen hundred and seventy-nine, 
shall be elected by the qualified electors of their respective 
districts, at the general election to be held in the year one 
thousand eight hundred and eighty-six, and at each guber- 
natorial election thereafter, whose term of office shall be 
for four years, whose duty it shall be to equalize the val- 
uation of the taxable property in the several counties of 
the State for the purposes of taxation. The Controller of 
State shall be ex officio a member of the Board. The 
Boards of Supervisors of the several counties of the State 
shall constitute Boards of Equalization for their respective 
counties, whose duty it shall be to equalize the valuation 
of the taxable property in the county for the purpose of 
taxation ; iDrovickd, such State and County Boards of 
Equalization are hereby authorized and empowered, under 
such rules of notice as the County Boards may prescribe as 
to the action of the State Board, to increase or lower the 
entire assessment roll, or any assessment contained therein, 



CALIFORNIA COXSTITUTION. 99 

SO as to equalize the assessment of the property contained 
in said assessment roll, and make the assessment conform 
to the true value in money of the property contained in 
said roll; provided, that no Board of Equalization shall 
raise any mortgage, deed of trust, contract, or other obli- 
gation by which a debt is secured, money, or solvent 
credits, above its face value. The present State Board of 
Equalization shall continue in office until their successors, 
as herein provided for, shall be elected and shall qualify. 
The Legislature shall have power to redistrict the State 
into four distr-icts, as nearly equal in population as prac- 
tical, and to provide for the elections of members of said 
Board of Equalization. — Amendment adopted November 4, 
1884. 

Sec. 10. All property, except as hereinafter in this sec- 
tion provided, shall be assessed in the county, city, city 
and county, town, township, or district in which it is sit- 
uated, in the manner prescribed by law. The franchise, 
roadway, roadbed, rails, and rolling stock of all railroads 
operated in more than one county in this State shall be 
assessed by the State Board of Equalization at their actual 
value, and the same shall be apportioned to the counties, 
cities, towns, townships, and districts in which such rail- 
ways are located, in proportion to the number of miles of 
railway laid in such counties, cities and counties, cities, 
towns, townships, and districts. 

Sec. 11. Income taxes may be assessed to and collected 
from persons, corporations, joint stock associations, or 
companies resident or doing business in this State, or any 
one or more of them, in such cases and amounts, and in 
such manner, as shall be prescribed by law. 

Sec. 12. The Legislature shall provide for the levy and 
collection of an annual poll tax, of not less than two dol- 
lars, on every male inhabitant of this State over twenty-one 



100 CALIFORNIA CONSTITUTION. 

and under sixty years of age, except paupers, idiots, in- 
sane persons, and Indians not taxed. Said tax shall be 
paid into the State School Fund. 

Sec. 13. The Legislature shall pass all laws necessary to 
carry out the provisions of this article. 

ARTICLE XIV. 

Section 1. The use of all water now appropriated, or 
that may hereafter be appropriated, for sale, rental, or 
distribution, is hereby declared to be a public use, and 
subject to the regulation and control of the State, in the 
manner to be prescribed by law; pi^ovided, that the rates 
or compensation to be collected by any person, company, 
or corporation in this State for the use of water supplied 
to any city and county, or city, or town, or the inhabit- 
ants thereof, shall be fixed, annually, by the Board of Su- 
pervisors, or City and County, or City or Town Council, 
or other governing body of such city and county, or city 
or town, by ordinance or otherwise, in the manner that 
other ordinances, or legislative acts, or resolutions are 
passed by such body, and shall continue in force for one 
year and no longer. Such ordinances or resolutions shall 
be passed in the month of February of each year, and take 
effect on the first day of July thereafter. Any Board or 
body failing to pass the necessary ordinances or resolu- 
tions fixing water rates, where necessary, within such 
time, shall be subject to peremptory process to compel 
action at the suit of any party interested, and shall bo 
liable to such further processes and penalties as the Legis- 
lature may prescribe. Any person, company, or corpora- 
tion collecting water rates in any city and county, or city 
or town in this State, otherwise than as so established, 
shall forfeit the franchises and waterworks of such person, 



CALIFORNIA CONSTITUTION. 101 

company, or corporation to the city and county, or city or 
town, where the same are collected, for the public use. 

Sec. 2. The right to collect rates or compensate for the 
use of water supplied to any county, city and county, or 
town, or the inhabitants thereof, is a franchise, and can- 
not be exercised except by authority of and in the manner 
prescribed by law. 

ARTICLE XV. 

Section 1. The right of eminent domain is hereby de- 
clared to exist in the State to all frontages on the navi- 
gable waters of this State. 

Sec. 2. No individual, partnership, or corporation, 
claiming or possessing the frontage or tidal lands of a 
harbor, })ay, inlet, estuary, or other navigable water in 
this State, shall be permitted to exclude the right of way 
to such water whenever it is required for any public pur- 
pose, nor to destroy or obstruct the free navigation of such 
water; and the Legislature shall enact such laws as will 
give the most liberal construction to this provision, so that 
access to the navigable waters of this State shall be always 
attainable for the people thereof. 

Sec, 3. All tide lands within two miles of any incorpo- 
rated city or town of this State and fronting on the waters 
of any harbor, estuary, bay, or inlet, used for the pur- 
poses of navigation, shall be withheld from grant or sale 
to private persons, partnerships, or corporations. 

ARTICLE XVI. 

Section 1. The Legislature shall not, in any manner, 
create any debt or debts, liability or liabilities, which 
shall, singly or in the aggregate with any previous debts 
or liabilities, exceed the sum of thi-ee hundred thousand 



102 CALIFORNIA CONSTITUTION. 

dollars, except in case of war to repel invasion or suppress 
insurrection, unless the same shall be authorized by law 
for some single object or work to be distinctly specified 
therein, which law shall provide ways and means, exclu- 
sive of loans, for the payment of the interest of such debt 
or liability as it falls due, and also to pay and discharge 
the principal of such debt or liability within twenty years 
of the time of the contracting thereof, and shall be irre- 
pealable until the principal and interest thereon shall be 
paid and discharged; but no such law shall take effect 
until, at a general election, it shall have been submitted 
to the people and shall have received a majority of all the 
votes cast for and against it at such election; and all 
moneys raised by authority of such law shall be applied 
only to the specific object therein stated, or to the pay- 
ment of the debt thereby created, and such law shall be 
published in at least one newspaper in each county, or 
city and county, if one be published therein, throughout 
the State, for three months next preceding the election at 
which it is submitted to the people. The Legislature 
may at any time after the approval of such law by the 
people, if no debt shall have been contracted in pursuance 
thereof, repeal the same. 

ARTICLE XVIL 

Section 1. The Legislature shall protect, by law, from 
forced sale, a certain portion of the homestead and other 
property of all heads of families. 

Sec. 2. The holding of large tracts of land, uncultivated 
and iinimproved, by individuals or corporations, is against 
the public interest, and should be discouraged by all 
means not inconsistent with the rights of private property. 

Sec. 3. Lands belonging to this State, which are suit- 



CALIFORNIA CONSTITUTION. 103 

able for cultivation, shall be granted only to actual set- 
tlers, and in quantities not exceeding three hundred and 
twenty acres to each settler, under such conditions as shall 
be prescribed by law. 

ARTICLE XVIII. 

Section 1. Any amendment of amendments to this Con- 
stitution may be proposed in the Senate or Assembly, and 
if two-thirds of all the members elected to each of the two 
houses shall vote in favor thereof, such proposed amend- 
ment or amendments shall be entered in their journals, 
with the yeas and nays taken thereon; and it shall be the 
duty of the Legislature to submit such proposed amend- 
ment or amendments to the people in such manner, and at 
such time, and after such publication as may be deemed 
expedient. Should more amendments than one be sub- 
mitted at the same election, they shall be so prepared and 
distinguished, by numbers or otherwise, that each can be 
voted on separately. If the people shall approve and 
ratify such amendment or amendratnts, or any of them, 
by a majority of the qualified electors voting thereon, such 
amendment or amendments shall become a part of this 
Constitution. 

Sec. 2. Whenever two-thirds of the members elected to 
each branch of the Legislature shall deem it necessary to 
revise this Constitution, they shall recommend to the 
electors to vote at the next general election for or against 
a Convention for that purpose, and if a majority of the 
electors voting at such election on the proposition for a 
Convention shall vote in favor thereof, the Legislature 
shall, at its next session, provide by law for calling the 
same. The Convention shall consist of a number of dele- 
gates not to exceed that of both branches of the Legisla- 



I'O-l CALIFORNIA CONSTITUTION. 

ture, who shall be chosen in the same manner, and have 
the same qualifications, as members of the Legislature. 
The delegates so elected shall meet within three months 
after their election, at such place as the Legislature may 
direct. At a special election to be provided for by law, 
the Constitution that may be agreed upon by such Con- 
vention shall be submitted to the people for their ratifica- 
tion or rejection, in such manner as the Convention may 
determine. The returns of such election shall, in such 
manner as the Convention shall direct, be certified to the 
Executive of the State, who shall call to his assistance the 
Controller, Treasurer, and Secretary of State, and com- 
pare the returns so certified to him; and it shall be the 
duty of the Executive to declare, by his proclamation, such 
Constitution as may have been ratified by a majority of 
all the votes cast at such special election, to be the Con- 
stitution of the State of California. 

ARTICLE XIX. 

Section 1. The Legislature shall prescribe all necessary 
regulations for the protectioTi of the State, and the coun- 
ties, cities, and towns thereof, from the burdens and evils 
arising from the presence of aliens who are or may become 
vagrants, paupers, mendicants, criminals, or invalids af- 
flicted M'ith contagious or infectious diseases, and from 
aliens otherwise dangerous or detrimental to the well- 
being or peace of the State, and to impose conditions upon 
which such persons may reside in the State, and provide 
the means and mode of their removal from the State, upon 
failure and refusal to comply with such conditions; pro- 
vided, that nothing contained in this section shall be con- 
strued to impair or limit the power of the Legislature to 
pass such police laws or other regulations as it may deem 
necessary. 



CALIFORNIA CONSTITUTION. 105 

Sec. 2. No corporation now existing or hereafter formed 
under the laws of this State, shall, after the adoption of 
this Constitution, employ, directly or indirectly, in any 
capacity, any Chinese or Mongolian. The Legislature shall 
pass such laws as may be necessary to enfox'ce this provision. 

Sec. 3. No Chinese shall be employed on any State, 
county, municipal, or other public work, except in punish- 
ment for crime. 

Sec. 4. The presence of foreigners eligible to become citi- 
zens of the United States is declared to be dangerous to 
the well-being of the State, and the Legislature shall dis- 
courage their immigration by all the means within its 
power. Asiatic coolieism is a form of human slavery, and 
is forever prohibited in this State, and all contracts for 
coolie labor shall be void. All companies or coriDorations, 
whether formed in this country or any foreign country, for 
the importation of such labor, shall be subject to such 
penalties as the Legislature may prescribe. The Legisla- 
ture shall delegate all necessary power to the incorporated 
cities and towns of this State for the removal of Chinese 
without the limits of such cities and towns, or for their 
location within prescribed portions of those limits, and it 
shall also provide the necessary legislation to prohibit the 
introduction into this State of Chinese after the adoption 
of the Constitution. This section shall be enforced by 
appropriate legislation. 

ARTICLE XX. . 

Section 1. The City of Sacramento is hereby declared 
to be the seat of government of this State, and shall so 
remain until changed by law ; but no law changing the 
seat of government shall be valid or binding unless the 
same be approved and ratified by a majority of the qual- 



106 CALIFORNIA CONSTITUTION. 

ified electors of the State voting therefor at a general State 
election, under such regulations and provisions as the Legis- 
lature, by a two-thirds vote of each house, may provide, 
submitting the question of change to the people. 

Sec. 2. Any citizen of this State who shall, after the 
adoption of this Constitution, fight a duel with deadly 
weapons, or send' or accept a challenge to fight a duel with 
deadly weapons, either within this State or out of it, or 
who shall act as second, or knowingly aid or assist in any 
manner those thus oflfending, shall not be allowed to hold 
any office of profit, or to enjoy the right of suffrage under 
this Constitution. 

Sec. 3. Members of the Legislature, and all officers, 
executive and judicial, except such inferior officers as may 
be by law exempted, shall, before they enter upon the 
duties of their respective offices, take and subscribe the 
following oath or affirmation : 

"I do solemnly swear (or affirm, as the case may be,) 
that I will support the Constitution of the United States 
and the Constitution of the State of California, and that 

I will faithfully discharge the duties of the office of 

according to the best of my ability." 

And no other oath, declaration, or test shall be required 
as a qualification for any office of public trust. 

Sec. 4. All officers or Commissioners whose election or 
appointment is not provided for by this Constitution, and 
all officers or Commissioners Avhose offices or duties may 
hereafter be created by law, shall be elected by the people, 
or appointed, as the Legislature may direct. 

Sec. 5. The fiscal year shall commence on the first day 
of July. 

Sec. 6. Suits may be brought against the State in such 
manner and in such Courts as shall be directed by law. 



CALIFORXIA COXSTITUTIOX. 107 

Sec. 7. No contract of marriage, if otherwise duly made, 
shall be invalidated for want of conformity to the require- 
ments of any religious sect. 

Sec. 8. All property, real and personal, owned by either 
husband or wife, before marriage, and that acquired by 
either of them afterward by gift, devise, or descent, shall 
be their separate property. 

Sec. 9. Xo perpetuities shall be allowed except for 
eleemosynary purposes. 

Sp:c. 10. Every person shall be disqualified from holding 
any office of profit in this State who shall have been con- 
victed of having given or offered a bribe to procure his 
election or appointment. 

Sec. 11. Laws shall be made to exclude from office, serv- 
ing on juries, and from the right of suffrage, persons con- 
victed of bribery, perjury, forgery, malfeasance in office, 
or other high crimes. The privilege, of free suffrage shall 
be supported by laws regulating elections, and prohibiting, 
under adequate penalties, all undue influence thereon from 
power, bribery, tumult, or other impi'oper practice. 

Sec. 12. Absence from the State, on business of the State, 
or of the United States, shall not affect the question of 
reK^idence of any person. 

Sec. 13. A plurality of the votes given at any election 
shall constitute a choice, where otherwise not directed in 
this Constitution. 

Sec. 14. The Legislature shall provide, by law, for the 
maintenance and efficiency of a State Board of Eealth. 

Sec. 15. Mechanics, material-men, artisans, and laborers 
of every class shall have a lien upon the property upon 
which they have bestowed labor or furnished material, for 
the value of such labor done and material furnished ; and 



108 CALIFORNIA CONSTITUTION. 

the Legislature shall provide, by law, for the speedy and 
efficient enforcement of such liens. 

Sec. 16. When the term of any officer or Commissioner 
is not provided for in this Constitution, the term of such 
officer or Commissioner may be declared by law ; and, if 
not so declared, such officer or Commissioner shall hold 
his position as such officer or Commissioner during the 
pleasure of the authority making the appointment ; but 
in no case shall such term exceed four years. 

Sec. 17. Eight hours shall constitute a legal day's work 
on all public work. 

Sec. 18. No person shall, on account of sex, be disqual- 
ified from entering upon or pursuing any lawful business, 
vocation, or profession. 

Sec. 19. Nothing in this Constitution shall prevent the 
Legislature from providing, by law, for the payment of the 
expenses of the Convention framing this Constitution, in- 
cluding the per diem of the delegates for the full term 
thereof. 

Sec. 20. Elections of the officers, provided for by this 
Constitution, except at the election in the year eighteen 
hundred and seventy-nine, shall be held on the even num- 
bered years next before the expiration of their respective 
terms. The terms of such officers shall commence on the 
first Monday after the first daj^ of January next following 
their election. 

ARTICLE XXI. 

Section 1, The boundary of the State of California shall 
be as follows : Commencing at a point of intersection of 
the forty-second degree of north latitude with the one hun- 
dred and twentieth degree of longitude west from Green- 



CALIFORNIA CONSTITUTIOX. 109 

wich, and running south on the line of said one hundred 
and twentieth degree west longitude until it intersects the 
thirty-ninth degree of north latitude ; thence running in 
a straight line, in a southeasterly direction, to the Eiver 
Colorado, at a point where it intersects the thirty-fifth 
degree of north latitude ; thence down the middle of the 
channel of said river to the boundary line between the 
United States and Mexico, as established by the treaty of 
May thirtieth, one thousand eight hundred and forty-eight ; 
thence running west and along said boundary line to the 
Pacific Ocean, and extending therein three English miles ; 
thence running in a northwesterly direction and following 
the direction of the Pacific Coast to the forty-second de- 
gree of north latitude ; thence on the line of said forty- 
second degree of north latitude to the place of beginning. 
Also including all the islands, harbors, and bays along and 
adjacent to the coast. 

ARTICLE XXII. 

That no inconvenience may arise from the alterations 
and amendments in the Constitution of this State, and to 
carry the same into complete efi'ect, it is hereby ordered 
and declared : 

Sectiox 1. That all laws in force at the adoption of this 
Constitution, not inconsistent therewith, shall remain in 
full force and effect until altered or repealed by the Legis- 
lature ; and all rights, actions, prosecutions, claims, and 
contracts of the State, counties, individuals, bodies cor- 
porate, not inconsistent therewith, shall continue to be as 
valid as if this Constitution had not been adopted. The 
provisions of all laws w'hich are inconsistent with this 
Constitution shall cease upon the adoption thereof, except 
that all laws w^hich are inconsistent with such provisions 



110 CALIFORNIA CONSTITUTION. 

of this Constitution as require legislation to enforce them 
shall remain in full force until the first day of July, eiehteen 
hundred and eighty, unless sooner altered or repealed by 
the Legislature. 

Sec. 2. That all recognizances, obligations, and all other 
insti'uments, entered into or executed before the adoption 
of this Constitution, to this State, or to any subdivision 
thereof, or any municipality therein, and all fines, taxes, 
penalties, and forfeitures due or owing to this State, or any 
subdivision or municipality thereof, and all writs, prosecu- 
tions, actions, and causes of action, except as herein other- 
wise provided, shall continue and remain unaffected by 
the adoption of this Constitution. All indictments or in- 
formations which shall have been found, or may hereafter 
be found, for any crime or offense committed before this 
Constitution takes effect, may be proceeded upon as if no 
change had taken place, except as otherwise provided in 
this Constitution. 

Sec. 3. All Courts now existing, save Justices' and Police 
Courts, are hereby abolished ; and all records, books, pa- 
pers, and proceedings from such Courts, as are abolished 
by this Constitution, shall be transferred, on the first day 
of January, eighteen hundred and eighty, to the Courts 
provided for in this Constitution ; and the Courts to which 
the same are thus transferred shall have the same power 
and jurisdiction over them as if they had been in the first 
instance commenced, filed, or lodged therein. 

Sec. 4. The Superintendent of Printing of the State of 
California shall, at least thirty days before the first Wed- 
nesday in May, A. D. eighteen hundred and seventy-nine, 
cause to be printed at the State Printing Office, in pamphlet 
form, simply stitched, as many copies of this Constitution 
as there are registered voters in this State, and mail one 



CALIFORNIA CONSTITUTION. Ill 

copy thereof to the Post Office address of each registered 
voter ; provided, any copies not called for ten days after 
reaching their delivery office, shall be subject to general 
distribution by the several Postmasters of this State. 
The Governor shall issue his proclamation, giving notice 
of tlie election for the adoption or rejection of this Con- 
stitution, at least thirty days before the said first Wednes- 
day of May, eighteen hundred and seventy-nine, and the 
Boards of Supervisors of the several counties shall cause 
said proclamation to be made public in their respective 
counties, and general notice of said election to be given at 
least fifteen days before said election. 

Sec. 5. The Superintendent of Printing of the State of 
California shall, at least twenty days before said election, 
cause to be printed and delivered to the Clerk of each 
county in this State five times the number of properly 
prepared ballots for said election that there are voters in 
said respective counties, with the words printed thereon : 
" For the New Constitution." He shall likewise cause to 
be so printed and delivered to said Clerks five times the 
number of properly prepared ballots for said election that 
there are voters in said respective counties, with the words 
printed thereon : "Against the New Constitution," The 
Secretary of State is hereby authorized and required to 
furnish the Superintendent of State Printing a sufficient 
quantity of legal ballot paper, now on hand, to carry out 
the provisions of this section. 

Sec. 6. The Clerks of the several counties in the State 
shall, at least five days before said election, cause to be 
delivered to the Inspectors of Election, at each election 
precinct or polling place in their respective counties, suit- 
able registers, poll -books, forms of return, and an equal 
number of the aforesaid ballots, which number, in the ag- 



112 CALIFORNIA CONSTITUTION. 

gregate, must be ten times greater than the number of 
voters in the said election precincts or polling places. 
The returns of the number of votes cast at the Presidential 
election in the year eighteen hundred and seventy-six shall 
serve as a basis of calculation for this and the preceding 
section ; provided, that the duties in this and the preceding 
section imposed upon the Clerks of the respective counties 
shall, in the City and County of San Francisco, be 
performed by the Registrar of Voters for said city and 
county. 

Sec. 7. Every citizen of the United States, entitled by 
law to vote for members of the Assembly in this State, 
shall be entitled to vote for the adoption or rejection of 
this Constitution, 

Sec. 8. The officers of the several counties of this State, 
whose duty it is, under the law, to receive and canvass 
the returns from the several precincts of their respective 
counties, as well as of the City and County of San Fran- 
cisco, shall meet at the usual place of meeting for such 
purposes on the first Monday after said election. If, at the 
time of meeting, the returns from each precinct in the 
county in which the polls were opened have been received, 
the Board must then and there proceed to canvass the re- 
turns; but, if all the returns have not been received, the 
canvass must be postponed from time to time until all the 
returns are received, or until the second Monday after said 
election, when they shall proceed to make out returns of 
the votes cast for and against the new Constitution ; and 
the proceedings of said Board shall be the same as those 
prescribed for like Boards in the case of an election for 
Governor. Upon the completion of said canvass and re- 
turns, the said Board shall immediately certify the same, 
in the usual form, to the Governor of the State of 
California. 



CALIFORNIA CONSTITUTION. 113 

Sec. 9. The Governor of the State of California shall, as 
soon as the returns of said election shall be received by 
him, or within thirty days after said election, in the pres- 
ence and with the assistance of the Controller, Treasi;rer, 
and Secretary of State, open and compute all the returns 
received of votes cast for and against the new Constitu- 
tion. If, by such examination and computation, it is as- 
certained that a majority of the whole number of votes 
cast at such election is in favor of such new Constitution, 
the Executive of this State shall, by his proclamation, de- 
clare such new Constitution to be the Constitution of the 
State of California, and that it sliall take effect and be in 
force on the days hereinafter specified. 

Sec. 10, In order that future elections in this State 
shall conform to the requirements of the Constitution, 
the terms of all officers elected at the first election under 
the same shall be, respectively, one year shorter than the 
terms as fixed by law or by this Constitution; and the suc- 
cessors of all such officers shall be elected at the last elec- 
tion before the expiration of the terms as in this section 
provided. The first officers chosen, after the adoption of 
this Constitution, shall be elected at the time and in the 
manner now provided by law. Judicial officers and the 
Superintendent of Public Instruction shall be elected at 
the same time and in the manner that State officers are 
elected. 

Sec. 11. All laws relative to the present judicial system 
of the State shall be applicable to the judicial system 
created by this Constitution until changed by legis- 
lation. 

Sec. 12. This Constitution shall take efi'ect and be in 
force on and after the fourth day of July, eighteen hun- 
dred and seventy-nine, at twelve o'clock meridian, so far 



114 CALIFORNIA CONSTITUTION. 

as the same relates to the election of all officers, the com- 
mencement of their terms of office, and the meeting of the 
Legislature. In all other respects, and for all other pur- 
poses, this Constitution shall take effect on the first day 
of January, eighteen hundred and eighty, at twelve o'clock 
meridian. 

J. P. HoGE, President. 

Attest: Edwin F. Smith, Secretary. 



INDEX TO SCHOOL LAW. 

Sec. Page 
ACTS, OFFICIAL- County Superintendent must 

keep record of his own ... 1543 151 

County Superintendent must keep record of County 

Board 1543 151 

ALCOHOLIC DRINKS— Instruction must be given 

in nature of 1667 170 

APPARATUS— Duty of Trustees to purchase 1617 162 

Only adopted can be purchased 1617 162 

May be purchased with County Fund 1622 166 

Itemized bill of, to be presented to Superintendent 1712 175 

Orders for, must be approved by Superintendent.. 1712 175 

Duty of County Board of Education to adopt 1771 178 

APPEAL— Teachers have right of, in case of dis- 
missal 1698 173 

When teacher is entitled to pay during pending of 1698 173 
APPLICANT FOR EXAML\ATIOX — Record of 

standing of, must be kept 1543 151 

Record of. must be open to inspection of whom . . 1543 151 
APPORTIONMENT— Of State Fund to counties, 

made by State Superintendent 1532 147 

Abstract of, to whom to be furnished 1532 147 

Order for moneys apportioned, in whose favor 

drawn .' 1532 147 

Order for must be drawn on Controller 1532 147 

To districts, must be made quarterly by County 

Superintendents 1543 148 

How made in case of large census roll and small 

attendance 1543 148 

Of moneys remaining to credit of lapsed district.. 1543 149 

How made in case of joint districts 1588 158 

When reapportionment must be made 1621 165 

When reapportionment must not be made 1621 165 

When Trustees are liable for full amount of 1624 166 

When must be withheld from district 1672-3 171 

Of State Fund, how made to counties 1858 186 

Of all moneys, how made to districts 1858 186 

vVhen district is not entitled to any State Fund ..1859-60 188 

District entitled in case of fire, flood, etc 1859 187 

When part of State Fund must be withheld 1875 190 

When withheld, how apportioned 1875 190 

5 



116 INDEX TO SCHOOL LAW. 

Sec. Page 
ASSESSOR— Must not receive fee in connection with 

school moneys 1857 ISR 

ShaH receive fee for collecting poll tax 1857 186 

ATTORNEY, DISTRICT— Is the public prosecutor.. 4256 216 

Must gfive opinion without fee 4256 216 

AUDITOR— State Superintendent must report appor- 
tionment to 1532 147 

Must report to County Superintendent when re- 
quired 1543 148 

Must draw warrant as required by County Super- 
intendent 1543 148 

Mustdraw warrant in favor of City Treasurer, when 1543 149 
Must draw warrant for teacher appointed by Su- 
perintendent 1545 152 

Must draw warrant for certain repairs, etc 1546 152 

Must draw warrant for postage, etc 1548 152 

Must draw warrant for Institute expenses 1564 154 

When must not draw warrant 1700-1 1 74 

Superintendent must report to him County Fund 

needed 1817 183 

Mustlevy county tax when Supervisors fail to do so 1819 184 

Duty of, in regard to district tax 1837 1^5 

Duty of, relative to canceled bonds 1887 193 

AYES AND NOES— When shall be taken in County 

Boards of Education 1768 177 

Shall be recorded in minutes of Board 1768 177 

BINDING— Certain may be ordered by State Super- 
intendent 1532 147 

County Superintendent may have certain dune . . , 1548 152 
Amount that County Superintendent can expend 

for ' 1548 152 

Amount must be paid out of County Fund 1548 152 

BLANKS— State Superintendent must furnish cer- 
tain 1532 147 

County Superintendent must distribute 1543 151 

BOARDS OP EDUCATION, CITY— How elected.. . I6l6 161 

Powers and duties of 1616 161 

To prescribe rules, etc 1617 161 

To manage and control school property 1617 162 

To purchase certain text-books 1617 162 

To purchase school furniture and apparatus 1617 162 

To rent, furnish, repair, etc 1617 162 

To build school houses, etc 1617 162 

To make conveyances 1617 162 

To employ teachers, etc 1617 162 

To suspend or expel pupils 1617 162 

To exclude children under six 1617 162 

To admit children of four 1617 162 



INDEX TO SCHOOL LAW. 117 

Sec. Page 
BOARDS OP EDUCATION, CITY— Continued. 

To enforce course of study aud text-books 1617 162 

To appoint district librarians 1017 1 63 

To enforce rules for libraries I(il7 163 

To exclude certain books, etc 1617 163 

To furnish books for certain parties 1617 163 

To keep a register of applicants for admission 

to the schools 1617 163 

To admit children from other districts 1617 163 

To appoint School Census Marshal 1617 163 

To report to County Superintendent of Schools.. 1617 163 

To reporttoStateSuperintendent when required. 1617 163 

Must maintain all schools equal length of time.. . . 1619 165 

Must maintain all schools with equal rights 1619 165 

Must furnish certain material for pupils 16"20 165 

Must maintain schools for eight months eacii year. 1621 165 

Are liable for failure to appoint Census Marshal. . 1624 166 
Must keep school open for admission of children 

between six and twenty-one 1662 169 

May admit adults 1662 169 

May admit non-residents 1662 169 

May exclude children of filthy habits 1662 1(;9 

May form separate schools for Chinese 1662 169 

May form separate schools for Indians 1662 169 

May admit kindergarten children 1662 169 

Must cause instruction in certain branches to be 

given 1665 170 

May authorize special studies 1665 170 

Must cause instruction in morals and manners to be 

given 1667 170 

Must cause attention to be given to physical exer- 
cises 1668 170 

Must exclude sectarion publications 1672 170 

Penalty for failure to enforce Section 1672 1672 170 

Must not continue school in session over six hours 1673 171 

Penalty for failure to enforce Section 1673 1673 171 

Must not draw warrants in certain cases 1700-1 174 

Must expend Library Fund, how 1712 174 

Must cause library books to be marked 1712 175 

Must keep library in school house 1715 176 

Are responsible for care of library 1717 176 

In certain cities may elect Board of Examination. 1787 181 
May allow salary to mimbers of City Board of Ex- 
amination 1794 183 

Must use State Fund to pay teachers' salaries 1861 188 

Penalty for illegally issuing certificate 1869 188 

Penalty for acting as agent for any author 1870 188 

May administer oaths 1873 188 



118 INDEX TO SCHOOL LAW. 

Sec. Page 
BOARDS OP EDUCATION, CITY— Continued. 

Must observe law for adoption of books 1874 189 

Members of, must not be interested in certain j 920 218 

contracts ] 1876 190 

Must not accept bribes 1879 191 

' Duty of, in reference to bonds 1889 194 

District Attorney is legal adviser of 4256 216 

BOARDS OF EDUCATION, COUNTY — Superin- 
tendent must keep record of acts of 1543 151 

Must prescribe the course of study 1663 169 

Must provide for examination of pupils 1663 169 

May amend or change course of study 1663 170 

May authorize additional studies 1666 1 70 

Library books and apparatus must be adopted by. 171*2 174 

Of whom composed 1768 176 

Members of, by whom appointed 1768 176 

Two members of, must be teachers 1768 176 

Members of, when appointed 1768 176 

When Superintendent must appoint 1768 177 

When members of must qualify 1768 177 

When Board shall organize 1768 177 

Three members form a quorum of 1768 177 

Three votes required fur certain measures 1768 177 

When ayes and noes must be taken 1768 177 

Ayes and noes must be recorded 1768 177 

Superintendent is Secretary of 1769 177 

Board elect President of 1769 177 

Must meet semi-annually 1770 1 77 

Special meetings may be called by Superintendent 1770 177 

When Superintendent must call special meeting . . 1770 177 

Notice required for semi-annual meetings 1770 177 

Business of special meetings 1770 177 

Examinations held only at regular meetings 1770 177 

Certificates on credentials may be granted at any 

meeting 1770 177 

Certificates may be renewed at any meeting 1770 177 

Compensation of members 1770 178 

Compensation of Secretary 1770 178 

Compensation, from what fund payable 1770 178 

Flxpenses of, how paid 1770 178 

Powers of 1771 178 

To adopt rules for their government 1771 178 

To adopt rules for examination of teachers 1771 178 

To examine applicants for certificates 1771 178 

To prescribe standard of proficiency 1771 178 

To grant certificates of three grades 1771 178 

To grant special certificates 1771 178 

To prescribe uniform text-books 1771 178 



INDEX TO SCHOOL LAW. 119 

Sec. Page 
BOARDS OF EDUCATION, COUNTY-Continued. 

To prescribe a course of study 1771 178 

To revoke certificates 1771 179 

To keep record of proceedings 1771 179 

To issue diplomas of graduation from the public 

schools 1771 179 

To adopt and use a seal .1771 179 

To keep all examination papers one year 1771 179 

To whom they can grant certificates 1772 179 

Must examine applicant orally also 1773 179 

Must ask questions of practical utility 1773 179 

Must have examinations public 1774 179 

May grant certificates on certain credentials^ 1775 180 

May renew unexpired certificates 1775 181 

May grant special certificates on credentials 1775 ISl 

Members must not prepare applicants for exami- 
nation 1776 181 

Penalties for violation of Section 1776 1776 181 

Penalty for illegally issuing certificates 1869 188 

Penalty for acting as agent for authors, etc 1870 188 

Officers of, may administer oaths 1873 188 

How governed in the adoption of books Is74 189 

Must not be interested in certain contracts ] ^g-g 7gQ 

Attempt to influence action of is a misdemeanor. . 1879 191 

District Attorney is legal adviser of 4256 216 

BOARD OP EDUCATION, STATE— Who compose 

the 1517 144 

Officers of 1518 144 

Majority vote of, necessary 1519 144 

Meetings of, when held 1520 144 

Powers and duties of 1521 144 

Traveling expenses of, how paid 1522 146 

When guilty of misdemeanor 1869 188 

Members of must not act as agents for authors, etc. 1870 188 

Officers of may administer oaths 1873 188 

Must not be interested in certain contracts 1876 190 

BOARDS OF SUPERVISORS. See Supervisors. 

BOARDS OF TRUSTEES. See Trustees. 

BONDS— Relative to, in cities of fifth class 226 

BONDS, DISTRICT SCHOOL— Trustees mav hold 

election for 1880 191 

Notice of election for, how given 1881 191 

Notice must contain what 1882 191 

How election for must be conducted 1883 192 

Returns of election, how and when canvassed .... 1884 192 

Proceedings to be certified to Supervisors . 1884 192 

When Supervisors must issue 1884 192 



120 INDEX TO SCHOOL LAW. 

Sec. Page 

BONDS, DISTRICT SCHOOL— Continuet). 

Out of what fund payable 1884 192 

A mount of that may be issued 18s4 1 92 

Form of 1885 192 

Time when payable 1S85 192 

Maximum rate of interest on 18"*6 192 

Must not be sold for less than par 188fi 192 

Proceeds of, how disposed of I'^SB 192 

Tax to pay, how I'ivied 1887 193 

Auditor to draw warrant to pay 18S7 193 

Those paid to be filed with Treasurer 1887 193 

Method of proceedings when Supervisors fail to 

levy tax 1888 193 

Disposition of unsold 1889 194 

BONDS, PUBLISHERS'— Publishers, whose books 

are adopted, must give 1874 190 

BOOKS— For teachers' library, from what fund paid 

for 1565 155 

Amount of fund that can be expended for 1565 155 

Catalogue of to be kept by Superintendent 15G5 155 

For certain children to be furnished by Trustees. . 1G17 162 
Only those adopted by County Board may be pur- 
chased IfilT 162 

Use of text-books must be enforced 1617 162 

Certain must be excluded from libraries 1617 163 

Clerks must keep suitable 1650 168 

Teachers must enforce use of text-books 1696 172 

Library books must be those adopted by County 

Board 1712 174 

List of must be approved by Superintendent, when 1712 174 

Must be properly stamped 1712 175 

Text-books must be prescribed by County Board. . 1771 178 

Library, must be adopted by County Board 1771 178 

Rules governing the adoption of text-books 1874 189 

BOUNDARIES OF SCHOOL DISTRICTS— Superin- 

intendent must see that they are desciibed 1551 153 

Must keep transcript of 1551 153 

Must report conflicting to Supervisors 1551 153 

May order description of to be printed 1551 153 

May pay for printing description of 1551 153 

How and when may be changed 1577 157 

Duty of Superintendent relative to changing 1578 158 

Duty of Supervisors relative to changing 1579 ISS 

BUILDING FUND— Act to dispose of money remain- 
ing in 224 

CENSUS MARSHAL— When and by whom appointed 1G17 163 
Notice of appointment of, to be sent to Superin- 
tendent ^ 1617 163 



INDEX TO SCHOOL LAW. 121 

Sec. Page 

CENSUS marshal-Continued. 
Appointment of, in cities, to be approved by Su- 
perintendent 1617 163 

Trustees and Boards of Education liable for failure 

to appoint 1624 166 

Penalty for failure to appoint ,.. 1624 166 

Duties of 1634 166 

Must report to both Superintendents in joint dis- 
tricts 163.5 167 

Report of must be made under oath 1636 167 

Report must show what 1636 167 

Has power to administer oaths 1636 167 

Superintendent may correct or retake census.. .. . 1636 167 

May pay party appointed to retake 1636 167 

Must include whom in his report 1637 167 

Must not include certain children 1638 168 

Compensation of, how paid 1639 16S 

Amount of compensation 1639 168 

Compensation must not be per capita I(i39 168 

When order for compensation may be drawn 1639 168 

When no compensation can be allowed 1639 168 

Penalty for failure to report 1640 168 

CENSUS RETURNS— To whom and when State Su- 
perintendent must report 1.532 147 

To whom and when Superintendent must make ,. . 1.551 153 

CERTIFICATES OF ELECTION-Must be deliv- 
ered to persons elected 1602 160 

Must be filed with County Superintendent 1602 160 

CERTIFICATES, TEACHERS'— Must correspond to 

grade of school 1.543 152 

Amount of fee for 1565 155 

No tee for temporary 1565 155 

Fee for, into what fund payable 1565 155 

For wliat purpose used 1565 155 

Of but one county needed in joint districts 15S3 158 

Teachers must file with Superintendent, when 1696 172 

When exempted from filing certificates \ J^^^'q r,... 

No warrant to be drawn to one not a holder of • . . 1701 174 

Party must be eighteen years of age to receive . . . 1704 174 

Vote necessary to grant, revoke or renew 1768 177 

Upon examination, can be granted only at semi- 
annual meetings of County Board 1770 177 

Upon credentials, may be granted at any meeting 

of County Board 1770 177 

County Boards may grant three classes of 1771 178 

Force of high school 1771 178 

Force of grammar 1771 178 



122 INDEX TO SCHOOL LAW. 

Sec. Page 
CERTIFICATES, TEACHERS'-Continued. 

Force of primary 1771 178 

Board may grant special 1771 178 

Board may revoke for cause 1771 179 

Studies necessary for primary 1772 179 

Standing? of applicants niustbe indorsed on 1774 179 

To whom may be granted without examination .. . 1775 180 
To wliom high school may be granted without ex- 
amination 1775 IFO 

The Board may renew certificates 1775 181 

In cities teachers may be examined in special 

studies 1775 181 

Renewed, how long valid 1775 IHI 

Applicants must not receive instruction from mem- 
bers of the Board 1776 181 

Issued upon what blanks 1776 181 

Members of Board not allowed to prepare appli- 
cants 177G 181 

Penalty for violation of this section 1776 181 

City Boards of Examination may recommend for . 1791 1S2 
City Boards of Examination may recommend for 

special \ 1791 182 

Force of, in the several grades 1791 182 

City Boards of Examination may recommend rev- 
ocation of, for cause 1791 182 

City Boards of Examination may recommend the 

granting of, on credentials 1792 183 

City Boards of Examination may recommend re- 
newal of 1792 183 

Force of special city certificates 1793 183 

Must correspond to grade of school 1793 183 

Teachers holding can be dismissed only for cause. 1793 183 
Must be issued only to persons of good moral 

character 1871 188 

Act to continue certificates in force 223 

CERTIFICATES, TEMPORARY— County Superin- 
tendent may issue 1543 150 

Valid for what time 1543 150 

To whom may be granted 1543 150 

Cannot be granted but once in same county 1543 150 

No fee required for 1565 155 

CLASSIFICATION— Of pupils, to be left at close of 

term in the State Register 1696 172 

CLERK, DISTRICT— Must be elected on first Satur- 
day of July 1649 168 

When Superintendent must appoint 1649 168 

Duties of 1G50 lfi8 

Must provide school supplies 1651 169 



INDEX TO SCHOOL LAW. 123 

Sec. Page 
CLERK, DISTRICT— Continued. 

Must keep school house in repair 1651 16'J 

Must care for property during vacations 1651 160 

CODE, POLITICAL-How construed 4 211 

Establishes the law 4 211 

COMPULSORY EDUCATION— Acts relating to ... . 219 
CONTRACTS— Certain cannot extend beyond June 

30th 1617 162 

Trustees liable for salary of teacher on 1623 166 

Trustees liable for all debts on 1623 166 

Must not be in excess of moneys for year 1623 166 

When district not liable for 1623 166 

Certain parties must not be interested in 920 213 

CONTROLLER, STATE— Must audit traveling ex- 
penses of State Board of Education 1522 146 

Must pay traveling expenses out of General Fund. 1522 146 
Must be furnished with abstract of apportionment 

of State Fund 1532 147 

Orders for State apportionment to be drawn upon. 1532 147 

Number of census children to be reported to 1532 147 

Must keep separate account of school fund, etc.. . 435 PC 
Must report to Superintendent of Public Instruc- 
tion, when 435 PC 

Must draw warrant in favor of County Treasurers 435 PC 
CONVENTION— Biennial of Superintendents to be 

called 1533 148 

Duty of Superintendents to attend 1533 148 

Expenses of Superintendents at, to be allowed. . . 1533 148 
Expenses of Superintendents at, out of what fund 

paid 1533 148 

How and by whom called 1533 148 

COURSE OP STUDY— Superintendent must report 

failure to enlbrce to County Board 1546 152 

Trustees must enforce in their schools 1617 162 

Must be prescribed by County Board 1663 161> 

May be changed by County Board 1663 169 

Teachers must enforce 1696 170 

DEPUTY SUPERINTENDENT OF SCHOOLS-May 

be appointed by Superintendents 1549 153 

Can receive no salary from School Fund 1549 153 

When may receive salary in cities 1550 153 

DIPLOMAS, EDUCATIONAL— May be granted by 

State Board of Education 1521 144 

Are of two grades 1521 144 

Are valid throughout the State for six years 1521 144 

Force of each grade 1521 144 

To whom may be granted 1521 145 

Requirements for 1521 145 



124 INDEX TO SCHOOL LMV, 

Sec. Page 

DIPLOMAS, EDUCATIONAL-CONTINUED. 

Holder not required to file them with Superintend- 
ent 1G96 172 

DIPLOMAS, GRADUATION— To be provided for 

graduates of grammar schools 1663 169 

County Boards of Education must issue 1771 179 

By wliom designed , 17'( 1 179 

To whom to be issued 1771 179 

By whom to be signed 1771 179 

DIPLOMAS, LIFE— By whom granted 1521 144 

Are of two grades 1521 144 

Are valid throughout the State 1521 144 

Force of each grade 1521 144 

To whom mav be granted 1521 145 

Requirements for granting 1521 145 

Fee for.. 1521 145 

Holders of not required to file them with County 

Superintendent 1696 172 

DISMISSAL— Of teachers, right of appeal in case of 1698 173 

Good causes for 1791 182 

How accomplished in cities 1793 183 

DISOBEDIENCE— On part of pupils, good cause for 

expulsion 1685 171 

DISTRICT MEETINGS— May be called when 1617 164 

When must be ealled 1617 164 

How called 1617 164 

For what purpose may be called 1617 164 

How organized 1617 164 

May instruct Trustees, relative to what 1617 164 

May be adjourned from time to time 1617 164 

Trustees are bound by instructions of 161 7 164 

Votes to instruct Trustees, how taken 1617 164 

DISTRICTS, JOINT— How formed 1577 157 

To whom petition for must be made 1577 157 

Provision for, to be by concurrent action of Super- 
intendent and Supervisors 1577 157 

Duty of Superintendent, relative to 1578 15S 

Duty of Supervisors, relative to 1579 158 

Mode of apportioning funds to 1583 158 

What text-books must be used in 1583 158 

What rules govern in 1583 158 

To whom reports in must be made 1583 158 

Teacher is not required to hold certificate in both 

counties 1583 158 

Relative to Trustees in 1615 , 161 

DISTRICTS, NEW— When may be formed 1577 156 

How formed 1577 156 

When not entitled to apportionment 1577 157 



INDEX TO SCHOOL LAW. 125 

Sec. Page 
DISTRICTS, NEW— Continued. 

Duty of Superintendent, relative to 1578 15S 

Duty of Supervisors, relative to 1578 158 

When school must be opened in 1581 158 

DISTRICTS, SCHOOL— Superintendent must appor- 
tion funds to, quarterly 1543 148 

Disposal of money accumulated in 1543 148 

When Superintendent may suspend 1543 148 

When Supervisors shall declare lapsed 1543 148 

Territory of, lapsed, how disposed of 1543 14:8 

Property of, lapsed, how disposed of 1543 149 

Debts of, lapsed, how paid 1543 149 

Balance of moneys in, lapsed, how disposed of 1543 149 

When Superintendent must appoint Trustees in .. . 1543 151 

When Superintendent must appoint teacher in ... . 1545 152 
Superintendent mav require certain duties from 

Trustees in ...... * 1546 152 

Number of pupils equal to, in cities 1548 152 

Superintendent must keep record of boundaries of 1551 153 
Superintendent must have boundaries correctly 

described 1551 153 

Superintendent to report incorrect boundaries to 

Supervisors 1551 153 

Supervisors must correct boundaries of 1551 153 

Superintendent may order description of bound- 
aries to be printed 1551 153 

Must be named, not numbered ..... 1575 155 

Trustees of may sue and be sued in name of 1575 155 

When city or town forms but one 1576 155 

When outlying: may be annexed to city 1576 155 

When new may be formed, and how 1577 156 

When boundaries of may be changed, and how. . . 1577 157 

When contiguous may unite 1577 157 

When and how joint may be formed 1577 157 

Duties of Superintendent relative to new and joint 1578 158 

Duties of Supervisors relative to new and joint — 1579 158 

When school must be begun in 1581 158 

How money is apportioned in joint 1583 158 

What text-books must be used in joint 1583 158 

To whom reports must be made in joint 1583 158 

What rules govern joint 1583 158 

Trustees of, when elected 1593 159 

Number of Trustees in each 1593 159 

Term of office of Trustees in new 1593 159 

Term of office in | j^J^ \f^ 

Are under control of Trustees 1611 161 

In new, old Trustees residing in hold over 1615 161 



126 INDEX TO SCHOOL LAW. 

Sec. Page 

DISTRICTS, school-Continued. 

In joint, when Trustees in are elected 1615 161 

In joint, terras of old Trustees expire — 1615 161 

Books for indigent children belong to 1617 163 

When aggregate of tinne is considered when school 

is maintained in different parts of 1619 165 

Outstanding claims against, how paid 1621 165 

When not liable for contracts 1623 166 

Relative to election of Clerk of 1649 16,S 

Duties of Clerk of 1650 168 

Residents of. entitled to use of library 1716 176 

Relative to district taxes in 1830-9 184 

How funds are apportioned to 1858 186 

Provision for deficiency of moneys in 1H58 187 

When not entitled to apportionment 1859-60 187 

When new are entitled to apportionment 1859 187 

When do not lose apportionment 1859 187 

DOCTRINKS, SECTARIAN— Must not be taught in 

schools 1672 170 

Penalty for violation of this law 1672 170 

ELECTIONS— For Trustees, when held 1593 159 

Notice of, to be given 1595 159 

What notice of must contain 1595 159 

Officers of, who are and by whom appointed 1596 159 

When electors may appoint officers of 1596 159 

Length of time polls must be kept open 1597 160 

re., ,•« w . * ] 1083 214 

Who are qualified to vote at -j j^^gg ^qq 

Exempted from certain provisions of general elec- 
tion law 1599 160 

How voting is conducted at 1599 160 

Parties offering to vote may be challenged . 1600 160 

Poll and tally lists must be kept 1601 IGl) 

Officers of must give certificates to the elected... . 1602 160 

Tie vote at does not result in choice 1067 PC 

Who are not entitled to vote at 1084 214 

ELECTOR-Qualifications of 1600 160 

Every, is eligible to office 58 212 

Who may be 1083 214 

Parties that cannot be 1084 214 

ENGLISH LANGUAGE— All schools must be taught 

in 1664 170 

EPIDEMICS— Shall exempt from reapportionment 

of funds 1621 165 

Shall exempt district from loss of apportionment. 1859 187 

EXAMINATION, CITY BOARD OF— There may be 

in cities of first, second or third class 1787 181 

Of whom composed 1788 181 



INDEX TO SCHOOL LAW. 127 

Sec. Page 
EXAMINATION, CITY BOARD OF— Continued. 

Qualification of members of 1788 181 

By whom elected 1788 1>>1 

Superintendent of Schopls is Chairman of 1789 182 

Must hold examinations of teachers semi-annually 1790 182 

May hold monthly meetings 1790 182 

May hold special meetings 1790 182 

When must hold special meeting 1790 182 

What business can be transacted at special meet- 
ings 1790 182 

Notice of special meetings must be given 1790 is2 

All meetings must be public 1790 182 

Record of proceedings must be kept 1790 182 

Powers and duties of 1791 182 

To adopt rules for its own government 1791 182 

To adopt rules for examination of teachers 1791 182 

To examine applicants 1791 182 

To prescribe a standard of proficiency 1791 182 

To recommend the granting of high, grammar 

and primary certificates 1791 182 

To recommend the granting of special certifi- 
cates 1791 182 

To recommend the revocation of certificates ... 1791 182 

Force of certificates 1791 182 

May recommend certificates to issue without ex- 
amination 1792 183 

Members of may receive salary 1794 18."5 

EXAMINATION, COUNTY BOARDS OF. See 

BoAKDS OF Education, County. 
EXAMINATION OF TEACHERS— Superintendent 

must enforce the rules for .. 1543 150 

County Board must hold semi-annual meetings for 1770 177 

County Board has power to adopt rules for 1771 178 

Papers of must be kept one year 1771 179 

In what studies applicant must pass 1772 179 

Must be in writing and oral 1773 179 

Character of questions to be asked 1773 179 

Must be public 1773 179 

Standing in must be indorsed on certificate 1774 179 

May be had on special studies 1775 181 

When City Boards for must meet 1790 182 

City Boards may adopt rules for 1790 182 

City Boards may fix standard for 1790 182 

EXPENSES— Of members of State Board of Educa- 
tion, how paid 1522 146 

Of Superintendent of Public Instruction, how paid 1532 147 
Of Superintendents at Superintendents' conven- 
tion, how paid 1533 148 



128 INDEX TO SCHOOL LAW. 

Sec. Page 

EXPENSES- Continued. 

Of Superintendents, for binding, postage, etc 154S 152 

Of County Superintendents, how paid 1552 153 

Of City Institutes, how paid • 1560 154 

Of County Institutes, how paid 1564-5 154 

Of Census Marshals, how paid Ifi39 168 

Of members of County Boards, how paid 1770 17S 

Of printing for County Boards, how paid 1770 17fi 

Of incidentals for ('ounty Boards, how paid . 1770 178 

Of members of City Boards, how paid 1794 183 

EXPRESSAGE — Amount allowed Superintendents 

for 1548 152 

Amount that may be used during the first six 

months of year 1548 152 

EXPULSION— Of pupils, good cause for 1685-6 171 

FEES— For life diplomas , . 1521 146 

For teachers' certificates 1565 155 

For use of library 1716 176 

FIRE — Shall exempt district from reapportionment 

of funds 1621 165 

Shall exempt district from loss of apportionment. 1859 l87 

FLOOD— Shall exempt district from reapportion- 
ment of funds 1621 165 

Shall exempt district from loss of apportionment. 1859 187 

FUND, COUNTY SCHOOL-Appportioned by Su- 
perintendent quarterly 1543 148 

or lapsed district, how disposed of 1543 148 

When warrant may be drawn upon 1543 149 

When Superintendent may draw on for repairs, etc. 1546 152 

Superintendent may draw on for binding 1548 152 

Superintendent may draw on for postage 1548 152 

Superintendent may draw on for incidental ex- 
penses 1548 152 

Superintendent may draw on for Institute expenses. 1564-5 154 

How used 1621-2 1G5 

Mav be used to pay compensation of Census Mar- 
shal 1639 16^ 

Maj' be used to pay for stamp for library 1712 175 

Five to ten per cent, of allowed for libraries 1713 175 

How raised 1817-18 183 

Must be paid in County Treasury 1820 184 

How apportioned 1858 186 

FUND, LIBRARY— Money received from insurance 

on library to be paid into 1617 164 

Must be expended for what 1712 .174 

Of what it consists in districts 1713 175 

Of what it consists in cities 1714 175 



INDEX TO JSCHOOL LAW. 129 

Sec. Page 
FUND, STATE— Must be apportioned to counties by 

Superintendent of Public Instruction 1532 147 

Abstract ot apportionment, to whom furnished.. . 1532 147 
Must be apportioned to districts by County Super- 
intendents , 1543 148 

Must be used exclusively to pay teachers' salaries 1622 166 
How apportioned to counties by Superintendent 

of Public Instruction 1858 186 

How apportioned to counties by Superintendents. 1858 186 

State Controller must keep separate account of. . . 435 PC 
FUND, TEACHERS' INSTITUTE - From what 

moneys formed 1565 155 

Moneys how drawn out 1565 155 

For what purposes used 1565 155 

FURNITURE— To be purchased by Trustees 1617 162 

GRADING— Of schools, when and by whom made . 1543 152 

Record to be kept by Superintendent 1543 152 

Into what grades must be divided 1663 169 

Of pupils, to be left in State Register by teachers. 1696 172 

GRADUATION— From grammar grades 1663 169 

Diplomas to be provided for 1663 169 

Graduates of high schools admitted to the Univer- 
sity 1070 195 

HIGH"^ SCHOOLS — May be established and main- 
tained 1669 195 

How established and conducted 1670 195 

County, how established and maintained 1671 202 

HOLIDAYS— Which days are 10 211 

INCORPORATED CITY OR TOWN-Forras separ- 
ate school district 1576 155 

Outside territory may be annexed to 1576 155 

Provisions relating to outside territory 1576 155 

INSTITUTES- Superintendent must preside at 1543 150 

Superintendent must secure comi)eteut lecturers for 1543 150 

Superintendent must report teachers absent from. 1543 150 

When must be held and liow often 1560 154 

Teachers required to attend 1560 154 

Cities may have separate, when 1560 154 

Must be held how often in cities 1560 154: 

Length of session in cities 1560 154 

Teachers attending city are not required to at- 
tend county 1560 154 

Expenses of city, limit of, and how paid 1560 154 

When Superintendent may hold, and when must 

hold 1561 154 

Length of session of county 1562 154 

When pay of teachers shall not be decreased 1563 154 

Superintendent must keep account of expenses of 1564 154 



180 INDEX TO SCHOOL LAW. 

Sec. Page 

INSTITUTES— Continued. 

Superintendent must draw requisition for expenses 

of 1564 

Auditor must draw warrant for expenses of 1564 

From what fund expenses are payable 1564 

Limit of expenses for county 1564 

Amount of fees for certificates paid into fund for.. 1565 
What instructors may receive pay at 1565 

INSTRUCTION— Branches in which, must be given. 1665 

When pupils may be confined to certain 1665 

In morals and manners must be given 1667 

In nature of alcholics and narcotics must be given 1667 
In physical exercises must be given 1668 

INSURANCE— Trustees may insure school property. 1617 
Money raised by, how disposed of 1617 

JANITORS— When Superintendent must appoint . . . 1543 

How appointee shall be paid 1543 

Trustees must employ 1617 

JOURNAL, OFFICIAL— By whom designated 1521 

To whom to be furnished 1521 

Clerk of Trustees to place in library 1521 

How paid for Ii21 

Publishers must file affidavit monthly 1521 

Clerk must place in library each month 1650 

Clerk mast notify publisher of failure to receive. . 1650 

KINDERGARTEN CLASSES — Children of four j 1617 
years may be admitted ( 1662 

LAPSED DISTRICT— When district lapses 1543 

Duty of Superintendent relative to 1543 

Duty of Supervisors relative to 1543 

Territory of, how disposed of 1543 

Property of, how disposed of 1543 

Superintendent must determine indebtedness of . . 1543 
Debts of, how paid 1543 

LAWS, SCHOOL— To be printed by direction of Su- 
perintendent of Public Instruction 1532 

To whom to be supplied. 1532 

To be fUstributed by Superintendents 1543 

LIBRARIANS, DISTRICT— Trustees must appoint . 1617 

LIBRARIES, SCHOOL DISTRICT— To be supplied 

with School Law 1532 

Trustees must enforce rules for 1617 

Certain books must be excluded from 1617 

Books for indigent children to be kept in 1617 

Orders for books to be approved by Superintendent 1712 

Are under control of 1715 

Must be kept in school-room 1715 

Who entitled to benefit of 1716 



INDEX TO SCHOOL LAW. 131 

Sec. Page 
LIBRARIES, SCHOOL DISTRICT— Continued. 

Trustees accountable for care of 1717 176 

Powers of Trustees relative to 1717 176 

Rules of State Board relating to 236 

MANAGEMEXT OF SCBOOLS-State Board to 

adopt rules for 1521 144 

Rules and regulations for 230 

MEETINGS— Of State Board of Education 1520 144 

Of Convention of Superintendents 1533 148 

Of Teachers' Institutes 1560 154 

Trustees must transact business at regular or 

special 1617 161 

Of electors, Trustees must call, when 1617 164 

Trustees must hold to elect clerk 1649 168 

Of County Board of Education 1770 177 

Of Citv Board of Examination 1790 182 

MISDEMEANOR— Neslect of Census Marshal to re- 
port is 1640 168 

Improper attempt to influence the action of any 

member of Board of Education is 1879 191 

Insulting or abusing teacher in presence of pupils 

is 1867 188 

Disturbing public school is 1868 188 

Illegally issuing certificate is 1869 188 

Illegally acting as agent, etc., is 1870 188 

How punishable 19 217 

What constitutes 176 217 

Same., 177 217 

Same •••• 808 217 

Same 654 217 

MONEYS, SCHOOL— May be transferred from 

County to City Treasuries 1543 149 

Of State and County apportionments, how used. . . 1621 165 

Restriction on those received from State -j ^^^^ -.g-, 

Those of county, how used 1622 166 

Amount of county used for libraries 1713 175 

Must be paid to County Treasurer 1857 186 

State, how apportioned by Superintendent of Pub- 
lic Instruction 1858 186 

State and county, how apportioned by Superinten- 
dents 1858 186 

Provision for deficit in 1858 187 

What districts entitled to apportionment 1859 187 

What districts not entitled to apportionment 1859 187 

Same 1860 183 

Mode of disposal of, remaining in Building Fund. . 224 

MONTH, SCHOOL-What constitutes 1697 173 



132 INDEX TO SCHOOL LAW. 

Sec. Page 

MORALS AND MANNERS— Instruction must be 

given in 1667 170 

NARCOTICS— Instruction must be given in nature of 1667 170 
Penalty for faraishing to persons under sixteen 

years of acre 308 217 

NORMAL SCHOOLS— Superintendent of Public In- 
struction to report condition of , 1532 146 

Constitution of Boards of Trustees of 354 206 

Objects of 1487 206 

Are under what management 1488 206 

Powers and duties of Boards of Trustees of. 1489 206 

Regular and special meetings of 1490 208 

Time and place of meetings of Boards of Trustees of 1491 208 

Notice of special meetings rnust be given 1491 208 

Joint meetings of, when and where held 1492 208 

Duties of joint Board 1492 208 

Who may be admitted to 1494 208 

Who may be admitted at large 1495 208 

Residents of other States may be admitted 1496 208 

Duty of applicants for admission 1497 208 

Principals of must report 1501 208 

Principals of must attend Institutes 1502 209 

Boards may issue diplomas of graduation 1503 209 

Diploma of entitles holder to certificate 1503 209 

When diploma becomes a permanent certificate. . 1503 209 

When diploma exempts holder from filing certifi'te 1503 209 

When diploma entitles to high school certificate.. 1503 209 

Joint Board can appoint Secretary 1504 210 

Salary of Secretary 1504 210 

Superintendent of Public Instruction must visit. . . 1505 210 

Moneys for, how drawn 1507 210 

OATHS— Judges of election may administer 1600 160 

Of electors, form of 1600 IGO 

Of office, Census Marshal must file 1634 166 

Census Marshals may administer 1636 167 

Of office, members of County Boards must file 1768 177 

Who may administer 1873 188 

Of office, when must be filed 907 213 

OFFICE— Vacancies in, of Trustees, how filled 1543 151 

Term of, of Trustees 1613 Itil 

Vacancies in, of Trustees, how caused 1614 161 

Who eligible to 58 -212 

Duration of term of 878 212 

Oath of, form of. , 904 212 

Oath of, when must be taken 907 213 

Oath of, before whom taken 90H 213 

Vacancies in, how caused 996 213 

Process for obtaining books of 1015 214 

Women entitled to hold educational 219 



INDEX TO SCHOOL LAW, 133 

Sec. Page 
OFFICER, SCHOOL— Must be supplied with School 

Law 1532 147 

Must be an elector 58 212 

Must continue to discharge duty, how long 879 212 

Must not be interested in certain contracts 920 213 

Must not be interested in certain sales or purchases 921 213 

Every public, is entitled to books of office 1014 214 

Relating to the removal of 772 217 

Act relative to removal of 222 

ORGANS— Ma V be purchased 1617 162 

PENALTIES— For failure of Supt. to visit schools. . 1543 150 

For failure of Supt. to report to Supt. of Pub. Ins. 1544 152 

For failure of Trustees to appoint Census Marshal 1624 166 

For failure of Census Marshal to report 1640 168 

For violation of law relating to sectarianism, etc. 1672 170 
For continuing session of school more than six 

hours, etc. 1673 171 

For disobedience, etc., of pupils 1685 171 

For defacing school property, etc 1686 171 

B'or member of Board ot Education preparing par- 
ties for examination 1776 181 

For applicant who receives special instruction from 

members of Board of Education 1776 181 

f 1 Qfi7 1 kR 

For insulting or abusing teachers -j ' g^^ 217 

For disturbing public school 1868 lb8 

For issuing certificate unlawfully 1869 188 

For illegally acting as agent for author, etc 1870 188 

For neglect or refusal to use adopted text-books. . 1875 190 

For being interested in certain contracts 1876 190 

For offering bribes, etc 1879 191 

For failure of officer to perform duties 176, 772 217 

For failure to comply with provisions of compul- 
sory educational Act 3 220 

PHYSICAL EXERCISES— Attention must be given to 1668 170 

PI ANOS— Trustees may purchase 1617 162 

PLANS— For school-houses to be approved by Sup-ts 1543 149 

POLL LIST— Must be kept 1601 160 

Form of. 1174 214 

POSTAGE— Amount of, allowed to County Sup'ts... 1548 152 

Limit of, for first six months 1548 152 

PRINTING— State Board may have needed done. . . 1521 145 
Superintendent of Public Instruction must have 

certain done 1532 147 

County Superintendents may have certain done.. . 1551 153 

County Bds. of Education may have certain done. 1770 178 

PROCEKDINGS— State Board must keep record of its 1521 145 

County Sup'ts must keep record of their own 1543 151 



llU index: to school law. 

Sec. Page 
t>ROCEE DINGS— Continued. 
County Superiat'ents must keep record of County 

Boards of Education 1543 151 

Clerk of Board of Trustees must keep record of.. . 1650 168 

Of City Boards of Examination, where kept 1790 182 

PROFESSION OF TEACHING-When Superintend- 
ents may not engage in 1553 154 

When Superintendents may follow 1553 154 

PROMOTIONS— How, by whom, and when made.. . 1663 169 

PUPILS— Number of in cities equal to one district.. 1552 153 

May be suspended or expelled 1617 162 

Under six years ma.y be excluded 1617 162 

When of four years "may be admitted 1617 162 

Indigent to be furnished with books 1617 163 

Register of those applying for admission must be 

kept 1617 163 

To be admitted in order of registry j ^gsS 171 

Parents to be notified of vacancy 1617 163 

May be permitted to attend in other districts 1617 163 

Parents may appeal from decision of Trustees 1617 163 

Must comply with rules and regulations 1684 171 

Good cause for suspension or expulsion of 1685-6 171 

Beginning, by whom must be taught 1687 171 

Rules of State Board for 234 

QUORUM— Of County Board, what constitutes 1768 177 

RECESS— Relative to 1696 172 

Same 2 230 

RECITATIONS— Programme of to be recorded in 

State Register 1696 172 

REGISTER— Of requisitions to be kept by Super'ts. 1543 150 

Of requisitions must contain what 1543 150 

Of pupils applying for admission to schools, must 

be kept open to the public 1617 163 

State school, must be kept by teachers 1696 172 

What must be recorded in 1696 172 

REPORTS — Superintendent of Public Instruction 

must make to Governor 1532 146 

What report must contain 1532 146 

Superintendent of Public Instruction must make 

to Controller 1532 147 

County Superintendents must make to Superinten- 
dent of Public Instruction 1543 151 

County Superintendents must preserve all 1543 151 

Penalty for failure of County Superintendents to 

make 1544 152 

Of census, when County Superintendents must 

make : 1551 153 



INDEX T© SCHOOL LAW. 135 

Sec. Page 

reports-Continued. 

When Trustees must make to County Superinten- 
dent 1617 163 

When Census Marshal must make to County Su- 
perintendent 1634 166 

Penalty for failure of Census Marshal to make. . . 1640 168 
When teachers must make to County Superinten- 
dent 1696 173 

Teachers to make certain other. 1696 173 

Trustees must make relative to library 1717 176 

REQUISITIONS— To be drawn by County Superin- 
tendents 1543 149 

Must be drawn in what order 1543 149 

Must specify what 1543 149 

When may not be drawn 1543 149 

For teachers' salaries, must specify what 1543 149 

Auditor must draw warrant on receipt of 1543 149 

Register of, must be open to public inspection 1543 150 

Register of, must contain what 1543 150 

When may be drawn by Superintendent 1545 152 

RESIDENCE— Relative to. and rules for determining 52 212 
RULES AND REGULATIONS — State Board has 

power to adopt 1521 144 

Boards of Trustees and Education may adopt 1617 161 

Pupils must comply with 1684 171 

County Boards of Education may adopt for their 

own government 1771 178 

County Boards of Education may adopt for exam- 
inations 1771 178 

City Boards may adopt 1791 IS'i 

Those adopted by the State Board 230 

SCHOOL HOUSES— Plans for must be passed upon 

by County Superintendent 1543 151 

Relative to location or change of location of 1617 164 

Relative to use of 1617 164 

District Clerk must keep in repair, when 1651 169 

SCHOOL LAWS— To be published by State Super- 
intendent. 1532 147 

Must contain what 1532 147 

Must be sup'plied to whom 1532 147 

SCHOOL SITES— Relative to purchase or sale of. . . 1617 164 

Money raised by sale of, how disposed of 1617 164 

SCHOOLS, PUBLIC-Siate Suoerintendent must su- 
perintend 1532 146 

State Superintendent must report condition of, 

when 1532 146 

State Superintendent must visit and inquire into 

condition of 1532 147 



136 INDEX TO SCHOOL LAW. 

SCHOOLS, PUBLIC -Continued. 

When County Superintendent may open and keep. 1545 152 

Must be maintained equal length of time 1619 165 

Must be maintained with equal rights, etc 1619 165 

When school is maintained in different parts of dis- 
trict 1619 165 

Must be open for admission for whom 1662 169 

Adults may be admitted to 1662 169 

Trustees can exclude certain children from 1662 169 

Trustees may establish for Chinese, etc 1662 169 

When children of four years may be admitted 1662 lii9 

Into what grades may be divided 1663 169 

Must be taught in the English language 1664 170 

Branches that must be taught in 1665 170 

Other studies may be authorized in 1666 170 

Morals and manners must be taught in 1667 170 

Attention must be given to physical exercises in. . 1668 170 

Sectarian publications must be excluded from . . . 1672 170 

Length of session in 1673 171 

Pupils must be admitted to in what order 1683 171 

Pupils must submit to rules of 1684 171 

Good cause for expulsion from 1685 171 

Good cause for suspension or expulsion from 1686 171 

Beginners in, must be taught by whom 1687 171 

Duties of teachers in 1696 172 

Daily sessions in 2 230 

Recesses in 2 230 

Length of session in 3 230 

Rules and regulations for, of the State Board 230 

SEAL— The State Board to adopt and use 1521 144 

The State Superintendent to adopt and use 1532 147 

County Boards of Education to adopt and use 1771 179 

SECTARIAN DOCTRINES. See Doctrines. 

SESSION-Of school, length of 1673 171 

Penalty for violation of rule of 1673 171 

STUDIES— Certain, required to be taught 1665 170 

In districts having one hundred census children or 

less 1665 170 

Other may be authorized 1666 170 

SUPERINTENDENT, CITY— Must attend Conven- 
tion of Superintendents 1533 148 

Actual expenses of, to be paid 1533 148 

May issue temporary certificates 1543 150 

Must keep in his oflSce reports of State Superin'nt 1543 '151 

Must report to State Superintendent when required 1543 151 

Must report census children 1551 153 

May not engage in teaching, when 1553 154 

May hold Teachers' Institute, when 1560 154 



INDEX TO SCHOOL LAW, 137 

Sec. Page 
SUPERINTENDENT, CITY— Continued. 

Must collect fee for certificates 1565 155 

Appointment of Census Marshal to be approved by 1617 163 

Is a member of City Board of Examination ". 1788 181 

Is Chairman of City Board of Examination 1789 182 

Holds ofiSce for four years 1793 183 

SUPERINTENDENT, COUNTY— Must furnish jour- 
nal to Clerk of Trustees 1521 146 

Must draw warrant for journal semi-annually 1521 146 

Must charge cost of journal to Library Fund 1521 146 

Abstract of apportionment of State Fund to be fur- 
nished to 1532 147 

Must be furnished with necessary books 1532 147 

Must be furnished with School Law 1532 147 

Must attend Convention of Superintendents 1532 147 

Duties of 1543 148 

To superintend schools of his county 1543 148 

To apportion money to districts quarterly 1543 148 

May require report from Auditor. 1543 148 

Shall apportion accumulated moneys 1543 149 

When shall suspend district 1543 149 

Must report suspension to Supervisors 1543 149 

Shall pay debts of district 1543 149 

Must apportion money of lapsed district 1543 149 

To draw requisitions on orders of Trustees, etc. 1543 149 

Must draw requisitions, in wliat order 1543 149 

When must not draw requisition for bills 1543 149 

When must not draw requisition for salaries 1543 149 

To keep open to public register of requisitions. 1543 150 

To visit every school once a year 1543 150 

To preside over Teachers' Institutes 1543 150 

To secure lecturers at Institutes 1543 150 

To report teachers absent from Institutes 1543 150 

To enforce the course of study 1543 150 

To enforce the use of text-books 1543 150 

To enforce rules for examination of teachers. . . 1543 150 

To issue temporary certificates .. . 1543 150 

To distribute all laws, reports, etc 1543 151 

To keep in his office reports of State Superin'nt 1543 151 

To keep a record of his official acts 1543 151 

To keep a record of proceedings of County Board 1543 151 

To pass upon plans for school-houses. 1543 151 

To appoint Trustees to fill vacancies 1543 151 

To appoint Trustees in new districts 1543 151 

To appoint janitors in certain cases 1543 151 

To make reports to State Super't when required 1543 151 

To preserve reports of school officers, etc 1543 151 

To deliver books, papers, etc., to successor, .. . 1543 152 



138 INDEX TO SCHOOL LAW. 

Sec. Page 
SUPERINTENDENT, COUNTY-Continued. 

To grade schools of his county, when 1543 152 

To keep record of grading iu his oflBce 1543 152 

Penalty for failure to report to State Super'nt 1544 152 

Penalty, how enforced 1544 152 

Must maintain school for six months, when 1545 152 

Must appoint teachers, when 1545 152 

May draw warrants to pay expenses in such cases 1545 152 

May require Trustees to repair buildings, when.. . 1546 152 

May require Trustees to provide outhouses 1546 152 

May require Trustees to adorn school premises. . . 1546 152 

May order repairs, etc., himself, when 1546 152 

May draw requisition to pay for repairs, etc 1546 152 

May draw requisition for binding school docum'ts. 1548 152 

May draw requisition for postage, etc 1548 152 

Amount of allowance that can be used 1548 152 

May appoint a deputy 1549 153 

Deputy Super'nt, how paid in certain counties... . 1550 153 

Must make annual report to State Superintendent 1551 153 

Must keep record of district boundaries 1551 153 

Must inquire into school boundaries 1551 153 

Must report to Supervisors relative to boundaries 1551 153 

May order description of boundaries printed 1551 153 

Shall be entitled to traveling expenses' 1552 153 

When may not engage in teaching 1553 154 

When may engage in teaching 1553 154 

When must hold Institute 1560 154 

When may hold Institute, and when must 1561 154 

Must keep account of expenses of Institute 1564 154 

Must draw warrant on Auditor for expenses 1564 154 

Must collect fee for certificates. 1565 155 

Must deposit fees for certificates in Co. Treasury.. 1565 155 

Must draw warrant to pay Institute instructor 1565 155 

Shall take charge of teachers' library 1565 155 

Must transmit petition for new district, or for 

change of district, to Board of Supervisors 1578 158 

Must apportion money how, when district lies in 

different counties 1583 158 

Decision of, final, upon appeal of parents, when. . 1617 163 
Must reapportion balance after eight months' 

school, when 1621 165 

When may order census to be retaken 1636 167 

When must withhold county apportionment 1672 170 

May determine appeals of teachers 1698 173 

Must not draw warrant for teachers, when 1700 174 

Must also refuse warrant, when 1701 174 

Must procure stamp for school libraries 1712 174 

When must not draw requisition on Library Fund. 1712 174 



INDEX TO SCHOOL LAW. 139 

Sec, Page 
SUPERINTENDENT, COUNTY— Continued. 

Is a member of County Board of Education 1768 17G 

When may appoint members of County Board of 

Education. 1768 176 

Members of Board appointed by Supt., hold how 

long 1768 170 

Is ex-oflScio Secretary of Co. Board of Education. 1769 177 
Must keep in his office record of proceedings of 

County Board 1770 177 

Must furnish Supervisors and Auditor with amount 

of school fund needed 1S17 183 

Must estimate minimum fund, how 1817 183 

Must apportion school moneys, how 1858 186 

Illegally issuing certificate is guilty of misdemeanor 1869 188 

When may not act as agent 1870 188 

May administer oaths 1873 188 

Must apportion money withheld on account of 

failure to use text-books recommended 1875 190 

Must not be interested in contracts, when. ..... . 920 21"? 

SUPT. OP PUBLIC INSTRUCTION— Duties of 1532 146 

SUPERVISORS, BOARD OF— Must allow traveling 

expenses to Superintendents 1533 148 

Must deduct from salary of County Superintendent, 

when ' 1543 150 

Must deduct from salary of County Superintendent 

on failure to report 1544 152 

Must allow traveling expenses to County Superin- 
tendent 1552 153 

May annex territory to incorporated towns 1576 155 

Must act upon petition for change of districts 1579 158 

.Must appoint County Board of Education, 1768 176 

May fill vacancies in County Board of Education 

at any time 1768 170 

Must allow salary to members of County Board of 

Education 1770 177 

County Superintendent to report to, minimum 

amount of county tax required 1817 183 

To levy tax at time of levying other taxes 1818 184 

When Auditor must levy 1819 184 

Must levy district tax, when 1837 185 

SUPPLIES— Certain, must be furnished 1620 165 

Charges for, how paid 1620 165 

District Clerk must provide 1651 169 

SUSPENSION OF PUPILS— Good cause for 168H 171 

Teachers may resort to 1696 172 

Teachers must report cases of ... 1696 172 

Teachers may appeal to Superintendent in cases of 1696 172 



140 INDEX TO SCHOOL LAW. 

Sec. Page 

TALLY LIST— Must be kept 1601 160 

Form of 1174 214 

Cannot be set aside for want of form 1175 216 

TAX COLLECTOR— Must not charge or receive any 

fee in connection with school moneys 1857 186 

May receive fee for collecting poll tax 1S57 1>^6 

TAX, COUNTY school-How estimated 1817 183 

How levied 1818 184 

When Auditor must levy. 1819 1>^4 

Proceeds of, to be paid into County Treasury 1820 181 

TAX, DISTRICT SCHOOL— Trustees may call elec- 
tion to determine whether tax shall be raised . . . 1830 184 

Objects of raising tax 1830 184 

When tax must be returned to parties paying 1830 184 

Election, how called 1831 185 

What notices must specify 1832 185 

Trustees to appoint Judges of Election 1833 185 

No particular form of ballot required 1853 185 

What ballots must contain 1834 185 

If majority vote " Tax— Yes," the officers of elec- 
tion certify to Trustees 1835 185 

Trustees report to Supervisors 1836 185 

Supervisors must levy the tax 1837 185 

Rate of tax, how ascertained 1837 185 

How computed and collected 1837 185 

To whom paid 1837 185 

Maximum rate of, not to exceed 70 cents 1839 186 

Act to provide for 226 

TEACHERS-To be supplied with blank forms, etc. 1532 147 

Must hold what grade of certificate 1543 152 

When County Superintendent may appoint 1545 152 

Notice of employment of, to be sent to County bu- 

perintendent 1G17 162 

Trustees liable, in name of district, for salary of. . 162:^ 16!i 

Pupils must submit to authority of 1684 171 

Beginners to be taught by experienced 1687 171 

General duties of 169(? 172 

To file certificate with County Superintendent. . 1696 172 
To notify County Superintendent of opening and 

closing of school 1696 172 

When notice of closing to be given 1696 172 

To enforce course of study and text-books 1696 172 

To hold pupils to accountability, etc 1696 172 

To suspend pupils and report suspension 1696 172 

May appeal to County Superintendent, when. . . 1696 172 

To keep school register ,. . 1696 172 

To make annual report to County Superintendent 1696 173 

To make report at close of term 1696 173 



INDEX TO SCHOOL LAW. 141 

Sec. Page 
TEACHERS— Continued. 

To include what in annual report 1696 173 

To other reports required 1696 173 

May appeal to Superintendent in case of dismissal 1698 173 
May appeal to State Superintendent when salary 

is withheld 1699 173 

When warrant for salary shall be drawn 1700-1 174 

Must teach morality, patriotism, etc 1702 174 

Under eighteen 3'ears of age not eligible to teach. 1704 174 

Act to prevent discrimination against female '223 

Instructions of State Board to 234 

When to be present at school-room 1 230 

Must observe time for opening and closing school. 1 230 
TEXT-BOOKS— County Superintendent must enfoi ce 

use of 1543 150 

Of State series to be purchased 1617 162 

Trustees and Boards of Education must enforce 

use of. 1617 162 

Teachers mnst enforce use of 1696 172 

Vote necessary to adopt 1768 176 

Duty of County Board of Education to prescribe 

and enforce use of a uniform series of 1771 178 

Rules governing the adoption of. 1^74 189 

When adopted must continue four years 1874 189 

No change can be made except in May or June. l!^74 189 

Sixty days' notice of change must be given 1874 ls9 

Notice, how given 1874 189 

Copy of newspaper containing notice must be 

sent to State Superintendent 1874 189 

Notice must contain what 1874 189 

Notice to be published how often 1874 189 

Bids, how disposed of. 1874 189 

Bids must be accompanied by samples 1874 190 

If bids not satisfactory, books formerly adopted 

continue 1874 190 

Publisher whose bid is accepted must give bond. l'^74 190 

Publisher whose books are in use may bid 1874 190 

TOBACCO— Relative to sale of, to persons under 

sixteen 308 217 

TRAVELING EXPENSES— Of members of State 

Board, how paid 1522 1-16 

Of State Superintendent, allowance for 1532 147 

Of State Superintendent, how paid 1532 147 

County Superintendent shall receive 1552 153 

Amount that can be allowed for 1552 153 

TREASURER, COUNTY— To be furnished abstract 

of State apportionment 1532 147 

Must not charge or receive any fee in connection 

with school moneys 1857 180 



142 INUEX TO SCHOOL LAW. 

Sec. Page 
TRUSTEES — County Sui^eriutendent must appoint 

to fill vacancies 1543 151 

County Superintendent must appoint, for new dis- 
tricts 1543 151 

How long appointees hold office 1543 151 

May be required by Superintendent to repair school 

buildings 1546 152 

May be required by Superintendent to abate nui- 
sances 1546 152 

May be required by Superintendent to provide 

outhouses 1546 152 

May be required to adorn grounds 1546 152 

May sue and be sued in name of district. 1575 155 

Of city or town, have control of property annexed 1576 155 

Of joint districts, report how 1583 15S 

Election for, when held, and where 1593 159 

Number of, for a district 1593 159 

Women eligible to office of 1593 159 

For what time elected in new districts 1593 159 

How many elected each year 1593 159 

Must post notices of election, when 1595 159 

When Trustees fail to post notices, three electors 

may do so 1595 159 

Must appoint Inspectors, Judges, and Clerks 1596 159 

Who may vote at election for 1598 160 

Voting for, must be by ballot 1599 160 

Party attempting to vote may be challenged 1600 160 

Poll and tally lists must be kept 1601 160 

Officers must canvass vote for 1602 160 

Have control of the district 1611 161 

Term of office of 1613 161 

Vacancy in office of, how created 1614 161 

Resignation of, must be in writing 1614 161 

Resignation of, must be sent to Superintendent 1614 iHl 

Of old districts hold over in new, when 1615 161 

General powers and duties of 1617 161 

To adopt and enforce rules 1617 161 

To transact business at meetings 1617 161 

To manage and control school property 1617 162 

To purchase text-books, etc 1617 162 

To rent, repair, insure, etc 1617 162 

To build, purchase, and sell, when 1617 162 

To make conveyances, etc 1617 162 

To employ teachers, janitors, etc 1617 162 

To suspend or expel pupils 1617 162 

To exclude certain children 1617 162 

To adopt kindergarten work 1617 162 

To enforce course of study , 1617 162 



INDEX TO SCHOOL LAW. 143 

Sec. Page 
TRUSTEES— Continued. 

To enforce use of text-books 1617 162 

To appoint District Librarians 1617 163 

To exclude sectarian publications, etc 1617 163 

To furnish books to certain pupils 1617 lt^8 

To keep register of applicants 1617 163 

To arrange for attendance of non-residents 1617 163 

To appoint Census Marshal 1617 163 

To report to County Superintendent, when 1617 163 

To report to State Superintendent, when 1617 163 

To visit schools, etc 1617 163 

To call district meetings 1617 164 

Must maintain schools equal length of time 1619 165 

Must maintain schools with equal privileges 1619 165 

Must furnish pupils with certain supplies 1620 165 

Must use school moneys, how 1621 165 

Must use school moneys, how 1622 166 

Liable, in name of district, for teachers' salaries. . 1623 166 

Liable, in name of district, for debts contracted.. 1623 IfiG 

Liable for failure to appoint Census Marshal 1624 166 

Must elect District Clerk, when 1649 168 

Must expend Library Fund, for what 1712 174 

Must not draw warrant ibr bills not itemized 1712 175 

Must cause all books to be stamped 1712 175 

Have control of school libraries. 1715 176 

Shall be held accountable for condition of library. 1717 176 

May call election to vote upon tax 1830 1S4 

Must appoint Judges of Election 1833 185 

Must certify result, if favorable, to Supervisors ... 1836 185 

VACANCIES— In office of Trustee, how filled 1543 151 

In County Board of Education, how filled 1768 176 

If Supervisors neglect to fill, Superin'nt appoints. 1768 176 

In office, how occasioned 996 213 

VACCINATION— Act to encourage and provide for 

VENTILATION— Attention must be given to 1668 170 

VISIT SCHOOLS— Duty of State Superintendent to 

visit asvlums 1532 147 

Duty of State Superintendent to 1532 147 

Duty of Countv Superintendent, once a year 1543 150 

Penalty for failure to 1543 150 

VOTE— In case of tie, no choice 1067 PC 

Who is entitled to 1083 214 

Who is not entitled to 1084 214 

WARRANTS— In favor of teachers, when shall not 

be drawn 1700 174 

On Library Fund, what necessary for 1712 174 

WORDS— How construed 15, 17 211 



SCHOOL LAW OF CALIFORNIA. 



EXTRACTS FROM POLITICAL CODE, PART III, TITLE III, 
CHAPTER III. 



ARTICLE I. 

STATE BOARD OF EDUCATION. 

1517. The State Board of Education consists of the 
Governor, the Superintendent of Public Instruction, and 
the Principals of the State Normal Schools. 

1518. The Governor is the President and the Superin- 
tendent of Public Instruction the Secretary of the Board. 

1519. A concurrence of a majority of all the members is 
necessary to the validity of any act of the Board. 

1520. The Board shall meet at the call of the Secretary, 
and not less than twice in each year. 

1521. The powers and duties of the Board are as follows: 
First — To adopt rules and regulations, not inconsistent 

with the laws of this State, for its own government, and 
for the government of the public schools and district school 
libraries. 

Second — To grant Educational Diplomas of two grades, 
valid throughout the State for the period of six years, as 
follows : 

1. High School; authorizing the holder to teach in any 
primary or grammar school, and in any high school in 
which said holder is not required to teach languages other 
than the English. 

2. Grammar School; authorizing the holder to teach in 
any primary or grammar scliool. 

Third — To grant Life Diplomas of two grades, valid 
throughout the State, as follows: 

1. High School; authorizing the holder to teach in any 
primary or grammar school, and in any high school in 
which said holder is not required to teach languages other 
than the Englisli. 



SCHOOL LAW. 145 

2. Grammar School; authorizing the holder to teach in 
any primary or grammar school. 

Fourth — Except as provided in section one thousand five 
hundred and three of this Code, diplomas may be issued only 
to such persons as have held for one year, and who still hold, 
a valid city, city and county, or county certificate, corre- 
sponding in grade to the grade of the diploma applied for, 
and who shall furnish satisfactory evidence of having had 
a successful experience in teaching of at least five years, 
when applying for an Educational Diploma, and of at least 
ten years when applying for a Life Diploma. Every ap- 
plication must be accompanied to the State Board of Edu- 
cation by a certified copy of a resolution adopted by at 
least a four-fifths vote of all the members composing a 
City or County Board of Education, recommending that 
the diploma be granted, and also by an affidavit of the 
applicant specifically setting forth the places in which and 
the dates between which said applicant has taught, and 
that said applicant has taught a part of each year for five 
or ten calendar years, respectively. The five or ten years 
need not be consecutive years; but the aggregate expe- 
rience must be at least thirty-five months for an Educa- 
tional and seventy months for a Life Diploma; and in 
either case the applicant must have had twenty-one 
months' experience in the public schools of California. 
The application must also be accompanied by a fee of two 
dollars, for the purpose of defraying the expense of issuing 
the diploma.* 

Fifth — To revoke or suspend for immoral or unprofes- 
sional conduct, or for evident unfitness for teaching. Life 
Diplomas or Educational Diplomas heretofore issued, or 
that may hereafter be issued; and to adopt such rules for 
the revocation of diplomas as they may deem expedient or 
necessary. 

Sixth — To have done by the State Printer, or other 
officer having the management of the State printing, any 
printing required by it; jJ7'0vided, that all orders for print- 
ing shall first be approved by the State Board of Ex- 
aminers. 

Seventh — To adopt and use, in authentication of its acts, 
an official seal. 

Eighth — To keep a record of its proceedings. 

* No fee is required for Educational Diplomas.— J. W. A. 



146 SCHOOL LAW. 

Ninth — To designate some educational monthly journal 
as the official organ of the Department of Public Instruc- 
tron. One copy of the journal so designated shall be fur- 
nished by the County Superintendent to the Clerk of each 
Board of District Trustees, to be placed by him in the dis- 
trict library. The County Superintendent of Schools shall 
draw his warrant semi-annually in favor of the publishers 
of such school joiirnal, for a sum not exceeding one dollar 
and fifty cents ($1.50) per district, for each school year, 
and charge the same to the Library Fund of the district; 
■provided, that the publishers of such journal shall be re- 
quired to file an affidavit with the Superintendent of 
Public Instruction, on or before the tenth day of each 
month, stating that they had mailed one copy of said 
journal to the Clerk of each school district in the State. 
It is hereby made the duty of the Clerk of each Board of 
District Trustees, and the Secretary of each Board of Edu- 
cation, to place each number of such journal in the school 
library of his district, on or before the end of the month 
in which such number was issued. 

1522, The actual traveling expenses of the members, in- 
curred in attending the meetings of the Board, must be 
audited by the Controller, and paid out of the General 
Fund in the State Treasury. 

ARTICLE II. 

SUPERINTENDENT OF PUBLIC INSTRUCTION. 

1532. It is the duty of the Superintendent of Public In- 
struction: 

First — To superintend the schools of this State. 

Second — To report to the Governor, on or before the fif- 
teenth day of September, preceding each regular session 
of the Legislature, a statement of the condition of the 
State Normal schools and other educational institutions 
supported by the State, and of the public schools. 

Third— To accompany his report with tabular state- 
ments, showing the number of school children in the State; 
the number attending public schools, and the average at- 
tendance; the number attending private schools, and the 
number not attending schools; the amount of State School 
Fund apportioned, and the sources from which derived; 



SCHOC)L LAW. 147 

the amount raised by county and district taxes, or from 
other sources of revenue, for school purposes; and the 
amount expended for salaries of teachers, for building 
school houses, for district school libraries, and for inci- 
dental expenses. 

Fourth—To apportion the State School Fund; and to 
furnish an abstract of such apportionment to the State 
Controller, the State Board of Examiners, and to the 
County Auditors, County Treasurers, and County Super- 
intendents of the several counties of the State. 

Fifth — To draw his order on the Controller in favor of 
each County Treasurer for school moneys apportioned to 
the county. 

Sixth — To prepare, have printed, and furnish all officers 
charged with the administration of the laws relating to 
the public schools, and to teachers, such blank forms and 
books as may be necessary to the discharge of their duties, 
including blank teachers' certificates to be used by County 
Boards of Education. 

Seventh — To have the laws relating to the public schools 
printed in pamphlet form, and to supply school officers 
and school libraries with one copy each. 

Eighth — ^To visit the several orphan asylums to which 
State appropriations' are made, and examine into the 
course of instruction therein. 

Ninth — To visit the schools in the different counties, 
and inquire into their condition; and the actual traveling 
expenses thus incurred {provided, that they do not exceed 
fifteen hundred dollars per annum), shall be allowed, 
audited, and paid out of the General Fund in the same 
manner as other claims are audited and paid. 

Tenth — To authenticate with his official seal all drafts 
or orders drawn by him, and all papers and writings is- 
sued from his office. 

Eleventh — To have bound, at the State Bindery, all val- 
uable school reports, journals, and documents in his office, 
or hereafter received by him. 

Twelfth — To report to the Controller, on or before the 
tenth day of July of each year, the total number of chil- 
dren in the State between the ages of five and seventeen 
years, as shown by the latest reports of the County Super- 
tendents on file in his office. 



148 SCHOOL LAW. 

Thirteenth. — To deliver over, at the expiration of his 
term of office, on demand, to his successor, all property, 
books, documents, maps, records, reports, and other pa- 
pers belonging to his office, or which may have been re- 
ceived by him for the use of his office. 

1533. He shall have power to call, biennially, a conven- 
tion of the County and City Superintendents, to assemble 
at such time and place as he shall deem most convenient, 
for the discussion of questions pertaining to the super- 
vision and administration of the public schools, the laws 
relating thereto, and such other subjects aflfecting the wel- 
fare and interest of the public schools as shall properly be 
brought before it. It is hereby made the duty of all 
County and City Superintendents to attend and take part 
in the proceedings of such convention when it is called. 
The actual expenses of the County Superintendents at- 
tending the convention shall be allowed by the Board of 
Supervisors, and paid out of the same fund as the salary 
of the County Superintendents is paid; the actual ex- 
penses of the City iSuperintendents attending the con- 
vention shall be allowed and paid out of the same fund as 
the salary of such City Superintendent is paid. 

ARTICLE III. 

SCHOOL SUPERINTENDENTS. 

1543. It is the duty of the County Superintendent of 
each county: 

First— To superintend the schools of his county. 

Second — 1. To apportion the school moneys to each 
school district, as provided in section one thousand eight 
hundred and tifty-eight of this Code, at least fovir times a 
year. For this j)urpose he may require of the County 
Auditor a report of the amount of all school moneys on 
hand to the credit of the several school funds of the 
county not already apportioned; and it is hereby made 
the duty of the Auditor to furnish such report when so 
required; and whenever an excess of money has accumu- 
lated to the credit of a school district by reason of a large 
census roll and a small attendance, beyond a reasonable 
amount necessary to maintain a school for eight months 
in such district for the year, the Superintendent of Schools 



SCHOOL LAW. 149 

shall place said excess of money to the credit of the unap- 
portioned school funds of the county, and shall apportion 
the same as other school funds are apportioned. 

2. If in any school district there has been an average 
daily attendance of only five, or a number of pupils less 
than five, during the whole scliool year, the Superintendent 
shall at once suspend the district, and report the fact to 
the Board of Supervisors at their next meeting. The Board 
of Supervisors, upon receiving such report from the Superin- 
tendent, shall declare the district lapsed, and shall attach 
the territory thereof to one or more of the adjoining school 
districts in such manner as may be by them deemed most 
convenient for the residents of said lapsed district. 

3. When any district has been declared lapsed, the Board 
of Supervisors shall sell or othei'wise dispose of the prop- 
erty thereto belonging, and shall place the proceeds of such 
sale to the credit of the district. Thereupon the Superin- 
tendent shall determine all outstanding indebtedness of 
said lapsed district, and shall draw his requisition upon 
the County Auditor in payment thereof. Any balance of 
moneys remaining to the credit of said lapsed district shall 
be transferred by the Superintendent to the unapportioned 
school funds of the county, and shall be apportioned as 
other school funds are apportioned. Should there not be 
sufficient funds to the credit of the lapsed district to liqui- 
date all of the outstanding indebtedness thereof, the Super- 
intendent shall draw iiis requisition upon the County Aud- 
itor pro rata for the several claims. 

Third — 1. On the order of the Board of School Trustees, 
to draw his requisition upon the County Auditor for all 
necessary expenses against the School Fund of any district, 
or of any city or town which has not a Board of Education. 
The requisitions must be drawn in the order in which the 
orders therefor are tiled in his office. Each requisition 
must specify the purpose for which it is drawn ; but no 
requisition shall be drawn unless the money is in the fund 
to pay it, and no requisition shall be drawn upon the order 
of the Board of School Trustees against tlie funds of any 
district, except for teachers' salaries, unless such order is 
accompanied by an itemized bill showing the separate items 
and the price of each, in payment for which the order is 
drawn ; nor shall any requisition for teachers' salaries be 
drawn unless the order shall state the monthly salary of 



150 SCHOOL LAW. 

the teacher, and name the months for which snch salary is 
due. Upon the receipt of such requisition the Auditor 
shall draw his warrant upon the County Treasurer in favor 
of the parties for the amount stated in such requisition. 

2. On the order of the Board of Education of any city 
having a Board of Education, the County Superintendent 
shall draw his requisition upon the County Auditor in favor 
of the City Treasurer of said city for all State and county 
moneys, and for all other moneys apportioned by the said 
Superintendent to said city. Upon the presentation of 
said requisition the County Auditor shall draw his war- 
rant upon the County Treasurer in favor of the Treasurer 
of said city for the amount stated in said requisition. It 
shall be the duty of the County Treasurer to pay the amount 
stated in the warrant of the County Auditor to the Treas- 
urer of said city ; and it shall be the duty of the Treasitrer 
of said city to receive and safely keep all moneys so re- 
ceived, and to pay the same out upon the order of the 
Board of Education of said city, which order must be is- 
sued by said Board of Education, as provided in division 
(1) one of this subdivision of section one thousand five 
hundred and forty-three of the Political Code. 

Fourth — To keep, open to the inspection of the public, 
a register of requisitions, showing the fund upon which 
the re({uisitions have been drawn, the number thereof, in 
whose favor, and for what purpose they were drawn, and 
also a receipt from the person to whom the requisition was 
delivered. 

Fifth — To visit and examine each school in his county at 
least once in each year. For every school not so visited the 
Board of Supervisors must, on j)roof thereof, deduct ten 
dollars from his salary. 

Sixth— To preside over Teachers' Institutes held in his 
county, and to secure the attendance thereat of lecturers 
competent to instruct in the art of teaching, and to report 
to the County Board of Education the names of all teachers 
in the county who fail to attend regularly the sessions of 
the Institute ; to enforce the course of study, the use of 
text-books, and the rules and regulations for the examin- 
ation of teachers prescribed by the proper authority. 

Seventh — He shall have power to issue, if he deem it 
proper to do so, temporary certificates, valid until the next 
semi-annual meeting of the Countj^ Board of Education, 



SCHOOL LAW. 151 

to persons holding certificates of like grade granted in other 
counties, cities, or cities and counties, or upon any certifi- 
cates or diplomas upon which County Boards are empowered 
to grant certificates without examination, as specified in 
section seventeen hundred and sev"enty-fiv*e ; provided, that 
no person shall be entitled to receive such temporary cer- 
tificate more than once in the same county. 

Eighth — To distribute all laws, reports, circulars, in- 
structions, and blanks which he may receive for the use of 
school officers. 

Ninth — To. keep in his office the reports of the Superin- 
tendent of Public Instruction. 

Tenth — To keep a record of his ofiicial aats, and of all 
the proceedings of the County Board of Education, includ- 
ing a record of the standing, in each study, of all applicants 
examined, which shall be open to the inspection of any ap- 
plicant or his authorized agent. 

Eleventh — Except in incorporated cities having Boards of 
Education, to pass upon and approve or reject all plans for 
school houses. To enable him to do so, all Boards of Trus- 
tees, before adopting any plans for school buildings, must 
submit the same to the County Superintendent for his 
approval. 

Twelfth — To appoint Trustees to fill all vacancies, to hold 
until the first day of July succeeding such appointment ; 
when new districts are organized, to appoint Trustees for 
the same, who shall hold office until the first day of July 
next succeeding their appointment. In case of the failure 
of the Trustees to employ a janitor, as provided in section 
sixteen hundred and seventeen, subdivision seventh, of this 
Code, he shall appoint a janitor, who shall be paid out of 
the School Fund of the district. Should the Board of 
School Trustees of any district fail or refuse to issue an 
order for the compensation for such service, the Superin- 
tendent is hereby authorized to issue, without such order, 
his requisition upon the County School Fund apportioned 
to siich district. 

Thirteenth — To make reports, when directed by the Su- 
perintendent of Public Instruction, showing such matters 
relating to the pul^lic schools in his county as may be re- 
quired of him. 

Fourteen fit — To preserve carefully all reports of school 



152 .SCHOOL LAW. 

officers and teachers, and, at the close of his official term, 
deliver to his successor all records, books, documents, and 
papers belonging to the office, taking a receipt for the same, 
which will be filed in the office of the County Clerk. 

Fifteenth — The County Superintendent shall, imless 
otherwise provided by law. in the month of July of each 
year, grade each school, and a record thereof shall be made 
in a book to be kept by the County Superintendent in his 
office for this purpose. And no teacher holding a certifi- 
cate below the grade of said school shall be employed to 
teach the same. 

1544. If he fails to make a full and correct report, as re- 
quired under the provisions of subdivision thirteen of sec- 
tion fifteen hundred and forty three, at the time fixed by 
the Superintendent of Pul^lic Instruction, he forfeits one 
hundred dollars of his salary ; and the Board of Supervisors, 
upon receiving from the Sux^erintendent of Public Instruc- 
tion notice of such failure, must deduct the amount for- 
feited from his salary. 

1545. He must, when there is sufficient money in the 
fund of any school district to maintain a free school therein 
for six months, if the Trustees fail to have such school kept, 
appoint a teacher, and open and keep such school, and may 
draM' his requisition upon the County Auditor, who shall 
draw his warrant upon the fund of such district for the 
expense incurred. 

1546. He may, in his discretion, require the Trustees of 
any district to repair the school buildings or property, or 
to abate any nuisance in or about the premises, if such re- 
pairs or abatement can be done for a sum not exceeding 
fifty dollars, and there is a sufficient amount of money in 
the treasiiry to the credit of the district. He may also, 
in all cases, require the Trustees to provide suitable out- 
houses, and, where practicable, to adorn the ground with 
fruit and ornamental trees and shrubbery ; and, if the 
Trustees neglect to make such provision, he may cause it to 
be done, and pay for it on his requisition upon the County 
Auditor, who shall draw his warrant, payable out of any 
money to the credit of the district. 

1548. He may draw his requisition upon the County Aud- 
itor, who shall draw his warrant on the unapportioned 
County School Fund, in his own favor, for the binding of 
school documents, not to exceed twenty dollars a year; 



SCHOOL LAW. 15^^ 

fur postage and expressage for his ofiice, not to exceed two 
dollars for each district of his county, and for such other 
incidental expenses as may be authorized by law ; provided, 
that not more than one half of such allowance shall be used 
during the first six months of any school year, except by 
unanimous consent of the Board of Supervisors ; and j^ro- 
vided further, that in incorporated cities, each school con- 
taining three hundred pupils shall be considered equal to 
one school distinct. 

1549. Each County Superintendent may appoint a 
deputy: but no salary, payable out of the School Fund, 
must be allowed such deputy. 

1550. The Deputy School Superintendent of any city, 
or city and county, having over thirty thousand inhabit- 
ants, may receive such compensation as the Board of Edu- 
cation thereof prescribes, payable in the same manner and 
out of the same fund as the Superintendent of Schools 
thereof is paid. 

1551. Every School Superintendent in this State must, 
on or before the first day of July in each year, report to 
the Superintendent of Public Instruction, and to the 
Board of Supervisors of his county, the number of children 
therein between the ages of five and seventeen years, as 
appears by the latest returns of the Census Marshals on 
file in his office. It shall be the duty of every County 
Superintendent to inquire and ascertain whether the 
boundaries of the school districts in his county are defi- 
nitely and plainly described in the records of the Board of 
Supervisors, and to keep in his office a full and correct 
transcript of such boundaries. ■ In case the boundaries of 
districts are conflicting, or incorrectly described, he shall 
report such fact to the Board of Supervisors, and the 
Board of Supervisors shall immediately take such steps as 
are necessary to change, harmonize, and clearly define 
them. The County Superintendent, if he deem it neces- 
saiy for the guidance of School Census Marshals, may 
order the description of the district boundaries printed in 
pamphlet form, and pay for the same out of the County 
School Fund. 

1552. Each County Superintendent shall receive his 
actual and necessary traveling expenses, said expenses to 
be allowed by the Board of Supervisors, and to be paid out 



154 SCHOOL LAW. 

of the County General Fund; provided, that this amount 
shall not exceed ten dollars per district per annum. 

1553. No School Superintendent, who receives an an- 
nual salary of fifteen hundred dollars or more, must follow 
the profession of teaching, or any other vocation that can 
conflict with his duties as Superintendent; but those re- 
ceiving less than fifteen hundred dollars per annum may 
teach in the public schools of this State. 

ARTICLE IV. 

teachers' institutes. 

1560. The Superintendent of every county in which 
there are twenty or more school districts, and of every 
city and county in the State, must hold at least one 
Teachers' Institute in each year; and every teacher em- 
ployed in a public school in the county must attend such 
Institute, and participate in its proceedings; providp.d, 
that cities employing seventy or more teachers may have 
a separate Institute, to meet at least once a year, the ses- 
sions to be of not less than three nor more than five days; 
rmd provided further, that teachers attending such City 
Institute shall not be required to attend the County In- 
stitute. The expenses of such City Institutes, not ex- 
ceeding two hundred dollars annually, shall be paid from 
the special school funds of said city. 

1561. In any county in which there are less than twenty 
school districts, the County Superintendent may, in his 
discretion, hold an Institute. When directed by the 
County Board of Education, he shall hold an Institute not 
oftener than once each year, at such time and place as the 
Board may direct. 

1562. Each session of the Institute must continue not 
less than three nor more than five days. 

1563. When the Institute is held during the time that 
teachers are employed in teaching, their pay must not be 
diminished by reason of their attendance. 

1564. The County Superintendent must keep an accu- 
rate account of the actual expenses of said Institute, with 
vouchers for the same, and draw his requisition upon the 
County Auditor, who shall draw his warrant on the un- 
apportioned County School Fund to pay said amount; 



SCHOOL LAW. 155 

provided, that such amount must not exceed two hundred 
dollars for any one year. 

1565. Except for a temporary certificate, and except as 
provided in subdivision second of section one thousand 
five hundred and three of the Political Code,* every appli- 
cant for a teacher's certificate, or for the renewal of a cer- 
tificate, upon presenting his application, shall pay to the 
County Superintendent a fee of two dollars, to be by him 
immediately deposited with the County Treasurer, to the 
credit of a fund to be known as the Teachers' Institute 
and Library Fund. All funds so credited shall be drawn 
out only iipon the requisition of the County Superin- 
tendent of Schools upon the County Auditor, who shall 
draw his warrant in payment of the services of instructors" 
in the County Teachers' Institute; provided, they be not 
teachers in the public schools of the county in which such 
Institute is held; and for the purchase of books for a 
liljrary for the iise of the teachers of the county. At least 
fifty per cent, of the Teachers' Institute and Library Fund 
shall he expended for books. The County Superintendent 
shall take charge of the teachers' library, prepare a cata- 
logue of its contents, and keep a correct record of books 
taken therefrom and returned thereto. 

ARTICLE V. 

SCHOOL DISTRICTS. 

1575. Every school district must be designated by the 

name and style of " District (using the name of the 

district), of County " (using the name of the county 

in which such district is situated); and in that name the 
Trustees may sue and be sued, and hold and convey prop- 
erty for the use and benefit of such district. A number 
must not be used as a part of a designation of any school 
district. 

1576. Every city or incorporated town, unless subdi- 
vided by the legislative authority thereof, shall constitute 
a separate school district, which shall be governed by the 

* In Section 1503, as originally drawn, there was a provision that 
the holders of Normal School Diplomas should not be required to 
pay a fee for the certificates. Tbis provision was afterwards ttricken 
out, and api^licants are therefore required to pay the fee. — J. W. A. 



150 SCHOOL LAW. 

Board of Ed^^cation or Board of School Trustees of such 
city or incorporated town; provided, that whenever a city 
or town shall be incorporated the Board of Supervisors of 
the county may annex thereto, for school purposes only, 
the remainder, or any part of the remainder, of the dis- 
trict or districts from which such city or incorporated 
town was organized, whenever a majority of the heads of 
families residing therein, as shown by the last preceding 
school census, shall petition for such annexation ; and 
provided further, that the Board of Supervisors may in- 
clude more territory than the remainder of the district or 
districts from which the city or incori^orated town was 
organized, whenever a petition for such purpose is pre- 
sented to them, signed by a majority of the heads of 
families, as shown by the last preceding school census, re- 
siding in such additional territory. When said remainder 
or part thereof, or said additional outside territory, has 
been annexed to said city or incorporated town, it shall 
be deemed a part of said city or incorporated town for the 
purpose of holding the general municipal election, and 
shall form one or more election precincts, as may be de- 
termined by the legislative authority of said city or incor- 
porated town, the qualified electors of which shall vote 
only for the Board of Education, or the Board of School 
Trustees; and such outside territory shall be deemed to 
be a part of said city or incorporated town for all matters 
connected with the School Department thereof, for the 
annual levying and collecting of the property tax for the 
School Funds of said city or incorporated town, and for 
all purposes specified in sections one thousand eight hun- 
dred and eighty to one thousand eight hundred and eighty- 
eight of this Code, inclusive. 

1577. First — No new school district shall be formed at 
any other time than between the first day of December 
and the fifth day of April, nor at that time iinless the 
parents or guardians of at least fifteen census children, 
residents of such proposed new district, and residing at a 
greater distance than two miles by a traveled road from 
the public school-house in the district in which said parents 
or guardians reside, present a petition to the Superin- 
tendent of Schools, setting forth the boundaries of the new 
district asked for; provided, that the provision requiring 
that the petitioners shall reside a distance of more than 



SCHOOL LAW. 157 

two miles by a traveled road from the said public school- 
house may be dispensed with when the petition shall be 
signed by the parents or guardians of fifty or more census 
children resident of a district containing more than three 
hundred census children. 

Second — The boundaries of a school district, except as 
provided in section one thousand five hundred and fifty- 
one of the Political Code, shall be changed only between 
the first day of January and the fifth day of April in any 
year, and then only when at least ten heads of families 
residing in the districts affected by the proposed change of 
boundaries shall present to the Superintendent of Schools' 
a petition setting forth the changes of boundaries desired, 
and the reasons for the same; provided^ that two or more 
districts lying contiguous may, at any time, be united to 
constitute but one district, whenever a petition signed by 
a majority of the heads of families residing in each of 
said districts shall be presented to the Superintendent of 
Schools. 

Third — Joint districts (that is, districts lying partly in 
one county and partly in another) may be formed at any 
time between the first day of Deceml)er and the fifth day 
of April in any year, whenever a petition signed by the 
parents or guardians of at least fifteen census children, 
residents of such proposed joint district and residing at a 
greater distance than two miles by a traveled road from 
any public school house, shall be presented to the Super- 
intendent of each county affected by the proposed form- 
ation of the joint district ; and provided farther, that the 
provision requiring that the petitioners shall reside a dis- 
tance of more than two miles by a traveled road from any 
public school house may be dispensed with when the peti- 
tion shall be signed by the parents or guardians of fifty or 
more census children residents of districts any one of which 
contains more than three hundred census children. All 
the provisions relative to the formation of joint districts 
shall be by concurrent action of the Superintendent and 
the Board of Supervisors of each county affected. 

Fourth — The children residing in any newly formed dis- 
trict, in any district whose boundaries have been changed, 
or in any joint district, shall be permitted to attend the 
school in the district or districts fi'om which the newly 



158 SCHOOL LAW. 

formed district was constituted until the first day of July 
next succeeding the formation or change.* 

Fifth — Whenever a district shall be united with a munici- 
pality or with another district, all funds belonging to said 
district shall be transferred, hy requisition of the Super- 
intendent of the county upon the County Auditor, to the 
municipality or district with which said district is united. 

1578. After giving due notice to all parties interested, 
by sending notice by registered mail to each of the Trustees 
of any school district that may be affected by the proposed 
change, or by causing notices to be posted in three public 
places in each district affected, one of which shall be at the 
door of the school house of said districts, for at least one 
week, the County Superintendent must transmit the pe- 
tition to the Board of Supervisors, with his approval or 
disapproval. If he approves the petition he may note such 
changes in the boundaries as he may think desirable. 

1579. The Board of Supervisors must, at their first meet- 
ing after the receipt of the petition, act upon the same. 
If the Board establishes the district, they may do so in 
accordance with the original prayer of the petition, or with 
such modifications as they may choose to make. 

1581. After the making of an order by the Board of Su- 
pervisors, creating anew discrict, the school must be opened 
therein not later than the second Monday in September in 
the year in which the order is made ; otherwise, said order 
shall be null and void. 

1583. Whenever a district lies partly in one county and 
partly in another, the County Superintendent must appor- 
tion to such district such proportion of the school money 
to which such district is entitled, as the number of school 
census chiklren residing in that portion of the district 
situated in his county bears to the whole number of school 
census children in the whole district. The text-books to 
be used, and the rules governing the school in such district, 
shall be those adopted by the Board of Education of the 
county in which the school house in said joint district is 
located. The Trustees and teachers of joint districts shall 
make to the Superintendents of each county in which the 

* A new district is not entitled to any apportionment of the funds 
belonging to the school year in which the new district was formed, 
the children of the new district being permitted to attend in the old 
district until the first day of July. — -T. W. A. 



SCIIOltL LAW. 159 

district is located, the reports which other Trustees and 
teachers are required to uiake, and also the number of pupils 
attending the school from each county. The teacher in 
such joint district shall not be required to hold a certificate 
in both counties. 

ARTICLE VI. 

ELECTIONS FOR SCHOOL TRUSTEES. 

1593. An election for School Trustees must be held in 
each school district on the first Friday of June of each year, 
at the district school house, if there is one, and if there is 
none, at the place to be designated by the Board of Trustees. 

1. The number of School Trustees for any school district, 
except where City Boards are otherwise authorized by law, 
shall be three. Xo person shall be deemed ineligible to the 
office of Trustee on account of sex. 

2. In new school districts the School Trustees shall be 
elected on the first Friday of June subsequent to the for- 
mation of the district, to hold ofiice for one, two, and three 
years, respectively, from the first day of Jidy next suc- 
ceeding their election. 

3. When a vacancy occurs from any of the causes speci- 
fied in section nine hundred and ninety -six of this Code, 
the Superintendent shall appoint a suitable person to fill 
such vacancy, until the first day of July next succeeding 
the appointment, and a party shall be elected at the next 
June election, to hold office for the remainder of the term. 

4. Except as provided in subdivisions two and three of 
this section, one Trustee shall be elected annually, to hold 
office for three years, or until his successor shall be elected 
and qualified. 

1595. Not less than ten days before the election required 
under section fifteen hundred and ninety-three, the Trustees 
must post notices in three public places in the district, 
which notices must specify the time and place of election, 
and the hours during which the polls will be kept open ; 
if within five days of the election the Trustees have failed 
to post the notices required under this section, then any 
three electors of the district may give notice of such 
election. 

1596. Triistees must appoint one Inspector and two 
Judges of Election ; if none are so appointed, or if those 



160 .SCHOOL LAW. 

a])poiiitetl are not present at the time for opening the polls, 
the electors present may appoint them, and they shall con- 
duct the election. 

1597. In districts in which the number of children be- 
tween live and seventeen years of age exceeds five hundred, 
the polls must be opened at eight o'clock A. M., and kept 
open until sundown. In other districts the polls must not 
be opened before nine o'clock A. M., nor kept open less than 
four hours. 

1598. Every qualified elector of the county, who has 
resided in the district for thirty days next preceding the 
election, may vote thereat. 

1599. The voting must be by ballot (without reference 
to the general election law in regard to nominations, form 
of ballot, or manner of voting), which shall be handed by 
the elector voting to the Inspector, who shall then, in his 
presence, deposit the same in the ballot-box, and the Judges 
shall enter the ebctor s name on the poll list. 

1600. Any person offering to vote may be challenged by 
any elector of the district, and the Judges of Election 
must thereupon administer to the person challenged an 
oath, in substance as follows: "You do swear that you 
are a citizen of the United States, that you are twenty- one 
years of age, that you have resided in this State one year, 
in this county ninety days, and in this school district thirty 
days next preceding this election, and that your name is 
on the Great Register of this county, and that you have 
not before voted this day. " If he takes the oatli prescribed 
in this section, his vote must be received, otherwise his 
vote miist be rejected. 

1601. A poll and tally list must be kept and returned to 
the Board of Trustees. 

1602. The officers of election must publicly canvass the 
votes immediately after closing the polls, and make, sign, 
and deliver certificates of election to the person or persons 
elected, which must, with the oath of ofiice of the person 
so elected attached, be forwarded to the County Superin- 
tendent of Schools, and filed in his office. 



SCHOOL LAW. 161 

ARTICLE VII. 

BOARDS OF TRUSTEES OF SCHOOL DISTRICTS, AND CITY 
BOARDS OF EDUCATION. 

1611, Except when otherwise authorized by law, every 
school district shall be under the control of a Board of 
School Trustees, consisting of three members. 

1613. The term of office of School Trustees is three years, 
from the first day of July next succeeding their election, 

1614. Fh\st — Vacancies in the office of School Trustee 
are caused by the happening of anj'^ of the events specified 
in section nine hundred and ninety-six of the Political 
Code, or by failure to elect, as provided in section one 
thousand five hundred and ninety -three of this Code, 

Second — When a School Trustee resigns, his resignation 
must be sent in writing to the County Superintendent of 
Schools. 

1615. First — When a new district is organized, such of 
the Trustees of the old district as reside within the bound- 
aries of the new shall be Trustees of the new district until 
the expiration of the time for wdiich they were elected. 

Second — When joint districts are formed, three Trustees 
shall be elected at the June election next succeeding the 
formation thereof, to hold office for one, two, and three 
years, respectively, from the first day of July next suc- 
ceeding their election. The terms of the Trustees in the 
districts uniting to form the joint district shall expire on 
the formation of said joint district, and the Superintendent 
of the county in which lies the district having the greater 
number of census children shall appoint two Trustees, and 
the Superintendent of the county in which the other dis- 
trict lies shall appoint one Trustee, to hold office until the 
first day of July next succeeding the formation of the joint 
district. 

1616. Boards of Education are elected in cities under the 
provisions of the laws governing such cities, and their 
powers and duties are as prescribed in such laws, except 
as otherwise in this chapter provided. 

1617. The powers and duties of Trustees of school dis- 
tricts, and of Boards of Education in cities, are as follows : 

First— To prescribe and enforce rules, not inconsistent 
wath law or those prescribed by the State Board of Edu- 
cation, for their own government and government of 



162 SCHOOL LAW. 

schools, and to transact their business at regular or special 
meetings called for such purpose, notice of which shall be 
given each member. 

Second — ^To manage and control the school property 
within their districts, and to pay all moneys collected by 
them, from any source whatever, for school purposes, into 
the County Treasury, to be placed to the credit of the 
special fund of their districts. 

Third — To purchase text-^>ooks of the State series for 
the use of pupils whose parents are unable to x^^irchase 
them; school furniture, including organs and pianos, and 
apparatus and such other things as may be necessary for 
the use of schools ; providtd, that, except in incorporated 
cities having Boards of Education, they purchase such 
books and apparatus only as have been adopted by the 
County Board of Education. 

Fourth — To rent, furnish, repair, and insure the school 
property of their respective districts. 

Fifth —When directed by a vote of their district, to build 
school houses or to purchase or sell school lots. 

Sixth — To make, in the name of the district, conveyances 
on all property belonging to the district, and sold by them. 

Seventh — To employ the teachers, and excepting in in- 
corporated cities having Boards of Education, immediately 
notify the Superintendent of Schools, in writing, of such 
employment, naming the grade of certificate held by the 
teachers employed; also, to employ janitors and other em- 
ployes of the schools; to fix and order paid their compen- 
sation, unless the same be otherwise prescribed by law; 
provided, that no Board of Trustees shall enter into any 
contract with such employes to extend beyond the thir- 
tieth day of June next ensuing. 

Eighth— To suspend and expel pupils for misconduct. 

Ninth — To exclude from schools children under six 
years of age; provided, that in cities and towns in which 
the kindergarten has been adopted, or may hereafter be 
adopted, as a part of the public primary schools, children 
may be admitted to such kindergarten classes at the age 
of four years. 

Tenth — To enforce in schools the course of study and 
the use of text-books prescribed and adopted by the 
proper authority. 



SCHOOL LAW. 163 

Eleventli — To appoint District Librarians, and enforce 
the rules prescribed for the government of district li- 
braries. 

Twelfth — To exclude from school and school libraries 
all books, publications, or papers of a sectarian, partisan, 
or denominational character. 

Thirteenth — -To furnish books for the children of parents 
unable to purchase them; the books so furnished to be- 
long to the school district, and to be kept in the district 
school library when not in use. 

Fourteenth- — To keep a register, open to the inspection 
of the public, of all children applying for admission and 
entitled to be admitted into the public schools, and to 
notify the parents or guardians of such children when va- 
cancies occur, and receive such children into the schools 
in the order in which they are registered. 

Fifteenth — To permit children from other districts to 
attend the schools of their district only upon the consent 
of the Trustees of the district in which such children re- 
side; provided, that should the Trustees of the district in 
which children, whose parents or guardians desire thein to 
attend in other districts, reside, refuse to grant their con- 
sent, the parents or guardians of such children may ap- 
peal to the County Superintendent, and his decision shall 
be final. 

Sixteenth — On or before the first day of April in each 
year to appoint a School Census Marshal, and notify the 
Superintendent of Schools thereof; provided, that in any 
city, or city and county, the appointment of all School 
Census Marshals shall be subject to the approval of the 
City Superintendent of Schools. 

Seventeenth — To make an annual report, on or before the 
first day of July, to the Superintendent of Schools, in the 
manner and form, and on the blanks prescribed by the 
Superintendent of Public Instruction. 

Eighteenth — To make a report, whenever required, di- 
rectly to the Superintendent of Public Instruction, of the 
text-books used in their schools. 

Nineteenth — To visit every school in their district at 
least once in each term, and examine carefully into its 
management, condition, and wants. This claitse to apply 
to each and every member of tlie Board of Trustees. 



164 SCHOOL LAW. 

Twentieth — Boards of Trustees may, and upon a petition 
signed by a majority of the heads of families resident in 
the district, as shown Ijy the last preceding school census, 
must call meetings of the qualified electors of the district 
for determining or changing the location of the school- 
house, or for consultation in regard to any litigation in 
which the district may be engaged, or be likely to become 
engaged, or in regard to any affairs of the district. Such 
meetings shall be called by posting three notices in public 
places, one of which shall be in a conspicuous j)lace on the 
school-house, for not less than ten days previous to the 
time for which the meeting shall be called, which notices 
shall specify the purposes for which said meeting shall be 
called; and no other business shall be transacted at such 
meetings. District meetings shall be organized by choos- 
ing a Chairman from the electors present, and the District 
Clerk shall be Clerk of the meeting, and shall enter the 
minutes thereof on the records of the district. A meeting 
so called shall be competent to instruct the Board of 
Trustees: 

1. In regard to the location or change of location of the 
school-house, or the use of the same for other than school 
purposes; provided, that in no case shall the school-house 
be used for purposes which necessitate the removal of any 
school desks, or other school furniture. 

2. In regard to the sale and purchase of school sites. 

3. In regard to prosecuting, settling, or compromising 
any litigation in which the district may be engaged, or be 
likely to become engaged, and may vote money, not ex- 
ceeding one hundred dollars in any one year, for any of 
these purposes, in addition to any amount which may be 
raised by the sale of district school property, and the in- 
surance of property destroyed by fire; provided, that the 
proceeds of the insurance of the library and apparatus 
shall be paid into the Library Fund. All funds raised by 
the sale of school property may be disposed of by direc- 
tion of a district meeting. District meetings may be ad- 
journed from time to time, as found necessary, and all 
votes instructing the Board of Trustees shall be taken by 
ballot, or by ayes and noes vote, as the meeting may de- 
termine. The Board of Trustees shall, in all cases, be 
bound by the instructions of the district meeting in re- 
gard to the sul)jects mentioned in this section; provided, 



SCHOOL LAW. 165 

that the vote in favor of changing the location of the 
school-house shall be two-thirds of all the electors voting 
at said meeting upon the proposition to change the loca- 
tion. 

1619. First — The Boards of School Trustees and City 
Boards of Education must maintain all the schools estab- 
lished by them for an equal length of time during the 
year, and, as far as practicable, with equal rights and 
privileges.' 

Second — When in any district it is necessary for the 
convenience of the residents of said district that the school 
therein should be maintained a part of the year in one 
portion of the district, and a part of the year in another 
portion of the district, the aggregate of the time the school 
has been maintained in the different portions of the dis- 
trict shall be considered in estimating the time for which 
a school has been maintained in the district during the 
school year. 

1620. Writing and drawing paper, pens, inks, black- 
boards, blackboard rubbers, crayons, and lead and slate 
pencils, and other necessary supplies for the use of the 
schools, must be furnished under the direction of the City 
Boards of Education and Boards of School Trustees, and 
charges therefor must be audited and paid as other claims 
against the County School Fund of their districts are 
audited and paid. 

1621. The Boards of School Trustees and City Boards 
of Education must use the school moneys received from 
the vState and county apportionments exclusively for the 
support of schools for that school year, until at least an 
eight months' school has been maintained. If at the end 
of any year during which an eight months' school has 
been maintained there is an unexpended balance, it may 
be used for the payment of claims against the district out- 
standing, or it may be used for the year succeeding. Any 
balance remaining on hand at the end of any school year 
in which school lias not been maintained eight months, 
shall be reapportioned by the Superintendent of Schools 
as other moneys are apportioned; provided, that if a dis- 
trict has been prevented from maintaining a school for 
eight months in any year in consequence of fire, flood, 
prevailing epidemic, or other cause, which may, upon in- 
vestigation l)y the Superintendent of the county, be de- 



166 SCHOOL LAW. 

termiiied to be a good and sufficient one, said balance 
shall not be reapi3ortioned. 

1622. Boards of Trustees may use the county school 
moneys for any of the purposes authorized by this chap- 
ter; but all State school moneys must be applied ex- 
clusively to the payment of teachers of primary and gram- 
mar schools. 

1623. Boards of Trustees are liable as such, in the name 
of the district, for any judgment against the district for 
salary due any teacher on contract, and for all debts con- 
tracted under the provisions of this chapter, and they 
must pay such judgment or liabilities out of the school 
moneys to the credit of such district; 2}rovided, that the 
contracts mentioned in this section are not in excess of 
the school moneys accruing to the district for the school 
year for which the contracts are made, otherwise the dis- 
trict shall not be held liable. 

1624. If any Board of Trustees, or City Board of Edu- 
cation, fail to appoint a Census Marshal at the proper 
time, and through such failure the district is omitted in 
the apportionment of school moneys, the Trustees or mem- 
bers of the City Board of Education are jointly and sev- 
erally personally lial)le to the district for the full amount 
which the district would have received but for such fail- 
ure; and the amount may be recovered in an action 
brouglit by any citizen of such district or city in the 
name of and for the benefit of the district or city. 

ARTICLE VIII. 

DLSTRICT CENSUS MARSHALS. 

1634. I. is the duty of the Census Marshal: 

First -To take annually, between the fifteenth and 
thirtieth days of April, inchisive, a census of all children, 
including the children of Indian parents who pay taxes, 
or who are not living in the tribal relation, under seven- 
teen years of age, who were residents of his district on 
said fifteenth day of April. 

Second — To report the resiilts of his labors to the Super- 
intendent of Schools (or to the Board of Education, in 
cities), on or before the tenth day of May in each year. 

q'hird — He shall visit each habitation, home, residence, 



SCHOOL LAW. 167 

domicile, or place of abode in his district, and by actual 
observation and interrogation, enumerate the census chil- 
dren of the same. 

Fourth — Before entering upon the discharge of his duties 
as such, the Census Marshal must qualify and file his oath 
of office in the office of the Superintendent of Schools. 

1635. Whenever a district is formed lying partly in two 
adjoining counties, the Census Marshal must report to 
each County Superintendent the number of children in 
each county: 

1636. His report must be made under oath, upon blanks 
furnished by the Superintendent of Public Instruction, 
and must show: 

First — The number, age, sex, color, and nationality of 
the children listed. 

Second — The names of the parents or guardians of said 
children, arranged alphabetically, except in cities of the 
first class. In all cities the number and street of resi- 
dence must be given. 

Third — Such other facts as the Superintendent of Public 
Instruction may designate. 

Fourth — The Census Marshal shall have power to ad- 
minister oaths to parents and guardians. 

Fifth — If at any time the Superintendent of Schools has 
reason to believe that a correct census of the district has 
not been taken, he must have it corrected, and, if neces- 
sary for the purpose, he may appoint a Census Marshal, 
and have the census of the district retaken. Should the 
Board of Education or Board of School Trustees of said 
city or district refuse to issue an order for the compensa- 
tion of said Marshal for his services, the Superintendent 
is hereby authorized to issue his requisition therefor 
against the County Fund of such city or district without 
such order. 

1637. He must include in his report all children who 
are absent attending institutions of learning, and whose 
parents or guardians are residents of the district; he must 
also include as census children the children of Indian 
parents who pay taxes, and of Indian parents who are not 
living in the tribal relation; he must also include all or- 
phan children absent from the district in orphan asylums, 
whose guardians reside in the district, and every half 
orphan absent in asylums, whose surviving parent or 



168 SCHOOI- LAW. 

guardian resides in the district; he must also include all 
native born Chinese children. 

1638. He must not include in his report children who 
are attending institutions of learning, or such benevolent 
institutions as deaf and dumb, blind, and orphan asylums 
in his district, whose parents or guardians do not reside 
therein. 

1639. The compensation of Census Marshal must be 
audited and paid as otlier claims upon the School Fund of 
the district are audited and paid; 'providad, such compen- 
sation shall not exceed six dollars per day for time ac- 
tually and necessarily employed; and provided further, 
that in no case shall the compensation be computed at a 
per capita sum; nor shall any order for such compensation 
be drawn by the Trustees of any district, or by any Board 
of Education, vintil they shall have been notified by the 
Superintendent that the report of the Census Marshal has 
been approved by him. In case the report should not be 
approved by the Superintendent, the Census Marshal shall 
not be entitled to receive any compensation. 

1640. If the Census Marshal neglect or refuse to make 
his report at the time or in the manner herein required, 
and to perform any other duty devolved upon him, he 
must be deemed guilty of a misdemeanor, and on convic- 
tion be punished by fine or imprisonment. 

ARTICLE IX. 

CLERKS OF SCHOOL DLSTRICTS, 

1649. Boards of Trustees must, annually, on the first 
Saturday of July, meet and elect one of their number 
Clerk of the district; and if a Clerk be not elected at this 
date, the Superintendent shall appoint. 

1650. It is the duty of the Clerk: 

First — To call meetings of the Board at the request of 
two members, and to act as Clerk of the Board, and keep 
a record of its proceedings, and an accurate account of the 
receipts and expenditures of school moneys. 

Second — To keep his records and accounts open to the 
inspection of the electors of the district, in suitable books 
provided by the Board of School Trustees for that purpose. 

Third — To place the monthly journal designated as the 



SCHOOL LAW, 169 

official organ of the Department of Public Instruction in 
the school district library each month; and if he fails to 
receive it regularly, to immediately notify the publishers 
of such fact. 

Fourth — To perform such other dvities as may be pre- 
scribed by the Boai^d. 

1651. The Clerk of each district must, under the direc- 
tion of the Board of Trustees, pi-ovide all school supplies 
authorized by this chapter, keep the school-house in repair 
during the time school is taught therein, and exercise a 
general care and supervision over the school premises and 
school property during the vacations of the school. 

ARTICLE X. 

SCHOOLS. 

1662. Every school, unless otherwise provided by law, 
must be open for the admission of all children between 
six and twenty-one years of age residing in the district, 
and the Board of School Trustees, or City Board of Edu- 
cation, have power to admit adults and children not re- 
siding in the district, whenever good reasons exist there- 
for. Tinistees shall have the power to exclude children of 
filthy or vicious habits, or children suffering from con- 
tagious or infectious diseases, and also to establish sepa- 
rate schools for Indian children and for children of Mon- 
golian or Chinese descent. When such separate schools 
are established, Indian, Chinese, or Mongolian children 
must not be admitted into any other school; provided, 
that in cities and towns in which the kindergarten has 
been adopted, or may hereafter he adopted, as part of the 
public primary schools, children may be admitted to such 
kindergarten classes at the age of four years. 

1663. 1. All schools, unless otherwise provided l)y law, 
must be divided into primary and grammar grades. The 
County Board of Education must, except in incorporated 
cities having Boards of Education, on or before the first 
day of July, prescribe the course of study in each grade 
for the ensuing year. 

2. Except in incorporated cities having Boards of Edu- 
cation, the County Board of Education shall require that 
promotions, upon written examinations or otherwise, in 



170 SCHOOL LAW. 

each of said courses, shall take place at stated periods, at 
least once in each school year. It shall also provide for 
conferring diplomas at the end of the course of study in 
the grammar grade for those who satisfactorily pass the 
required examination . 

3. The County Board of Education may amend and 
change, subject to section sixteen hundred and sixty-five, 
either of the above courses of study, whenever necessary. 

1664. All schools must be taught in the English lan- 
guage. 

1665. Instruction must be given in the following 
branches, in the several grades in which each may be re- 
quired, viz. : Reading, writing, orthography, arithmetic, 
geography, grammar, history of the United States, ele- 
ments of i^hysiology and hygiene, with special instruction 
as to the nature of alcoholic drinks and narcotics and their 
effects upon the human system; vocal music, elementary 
bookkeeping, industrial drawing, and civil government; 
provided, that instruction in physiology and hygiene, ele- 
mentary bookkeeping and civil government, may be oral, 
no text-books in these subjects being required to be pur- 
chased by the pupils; provided farther, that the Board of 
Education of any county may, in districts having less than 
one hundred census children, confine the pupils to the 
studies of reading, orthography, arithmetic, grammar, 
geography, history, penmanship, and elementary book- 
keeping, until they have a practical knowledge of these 
subjects. 

1666. Other studies may be authorized by the Board of 
Education of any county, city, or city and county; but no 
such studies shall be pursued to the neglect or exclusion 
of the studies in the preceding section specified. 

1667. Instruction must be given, in all grades of school 
and in all classes during the entire school course, in man- 
ners and morals, and upon the nature of alcoholic drinks 
and narcotics and their efi'ects upon the human system. 

1668. Attention must be given to such physical exer- 
cises for the pupils as may be conducive to health and 
vigor of body, as well as mind, and to the ventilation and 
temperature of school-rooms. 

1672. No publication of a sectarian, partisan, or de- 
nominational character must be used or distributed in any 
school, or be made a part of any school liljrary; nor must 



SCHOOL LAW, 171 

any sectarian or denominational doctrine be taught therein. 
Any school district, town, or city, the officers of which 
knowingly allow any scliools to be taught in violation of 
these provisions, forfeits all right to any State or county 
apportionment of school moneys; and upon satisfactory 
evidence of such violation, the Superintendent of Public 
Instruction and School Superintendent must withhold 
both State and county apportionments. 

1673. No school must be continued in session more than 
six hours a day; and no pupil under eight years of age 
must be kept in school more than four hours per day. 
Any violation of the provisions of this section must be 
treated in the same manner as a violation of the provisions 
of the preceding section. 

ARTICLE XI. 

PUPILS. 

1683. Pupils must be admitted into the schools in the 
order in which they apply to be registered. 

1684. All pupils must comply with the regulations, pur- 
sue the required course of study, and submit to the au- 
thority of the teachers of said schools. 

1685. Continued willful disobedience or open defiance 
of the authority of the teacher constitutes good cause for 
expulsion from school, and habitual profanity and vul- 
garity good cause for suspension from school. 

1686. Any pupil who cuts, defaces, or otherwise injures 
any school-house, fences, or outbuildings thereof, is liable 
to suspension or expulsion; and on the complaint of the 
teacher or Trustees, the parents or guardians of such pu- 
pils shall be liable for all damages. 

1687. In all schools having more than two teachers, be- 
ginners shall be taught by teachers who have had at least 
two years' experience, or by Normal School graduates; 
and in cities such teachers shall rank, in point of salary, 
with those of the assistant teachers in the highest grade 
in the Cranimar Schools; and in no case shall Boards of 
Education or Boards of School Trustees draw orders for 
the salary of any teacher in violation of this provision, 
nor shall any Superintendent draw any requisition for the 
salary of any teacher in violation thereof. 



17- SCHOOL LAW. 

ARTICLE XII. 

TEACHERS. 

1696. Every teacher in the public schools must: 

First — Before assuming charge of a school, file his or her 
certificate with the Superintendent of Schools; j)rovided, 
that when any teacher so employed is the holder of a Cali- 
fornia State Normal School diploma, accompanied by the 
certificate of the State Board of Education, as provided in 
subdivision third, of section one thousand five hundred 
and three, of the Political Code, an Educational or a Life 
Diploma of California, upon presentation thereof to the 
Superintendent he shall record the name of said holder in 
a book provided for that purpose in his office, and the 
holder of said diploma shall thereupon be absolved from 
the provisions of this subdivision. 

Second — ^Before taking charge of a school, and one week 
Ijefore closing a term of school, notify the County Super- 
intendent of such fact, naming the day of opening or 
closing. Boards of Education and Boards of School 
Trustees must in every case give to the teacher a notice 
of at least two M^eeks of their intention to close the term 
of school under their charge. No Superintendent shall 
draw any requisition for the last month's salary of any 
teacher until said teacher has filed with him the notice 
required by this subdivision. 

TJdrd — Enforce the course of study, the use of the le- 
gally authorized text-books, and the rules and regulations 
prescribed for schools. 

Fon7'th — Hold pupils to a strict account for their con- 
duct on the way to or from school, on the playgrounds, or 
during recess; suspend, for good cause, any pupil from the 
school, and report such suspension to the Board of School 
Trustees or City Board of Education for review. If such 
action is not sustained by them, the teacher may appeal 
to the County Superintendent, whose decision shall be 
final. 

Fiftli — To keep a State School Register, in which shall 
be left at the close of the term, a report showing pro- 
gramme of recitations, classification, and grading of all 
pupils who have attended school at any time during the 
school year. The Superintendent shall in no case draw a 
requisition in favor of the teacher until the teacher has 



SCHOOL LAW, 173 

riled with him a certificate from the Clerk of the Board of 
School Trustees to the effect that the provisions of this 
subdivision have been complied with. 

Sixth — Make an annual report to the County Superin- 
tendent at the time and in the manner and on the blanks 
prescribed by the Superintendent of Public Instruction. 
Any teacher who shall end any school term before the 
close of the school j'^ear, shall make a report to the County 
Superintendent immediately after the close of such term; 
and any teacher who may be teaching any school at the 
end of the school year, shall, in his or her annual report, 
include all statistics for the entire school year, notwith- 
standing any previous report for a part of the year. The 
Superintendent of Schools shall in no case draw a requisi- 
tion for the salary of any teacher for the last month of 
the school term until the report required by this svibdi- 
vision has been filed and 1)y him approved. 

Seventh — ^Make svich other reports as may be required 
by the Superintendent of Public Instruction, County Su- 
perintendent, Board of School Trustees, or City Board of 
Education. 

1697. A school month is construed and taken to be 
twenty school days, or four weeks of five school days each. 

1698. In case of the dismissal of any teacher before the 
expiration of any oral or written contract entered into be- 
tween such teacher and the Board of Trustees, for alleged 
unfitness or incompetence, or violation of rules, the teacher 
may appeal to the School vSuperintendent; and if the Su- 
perintendent decides that the removal was made without 
good cause, the teacher so removed must be reinstated, 
and shall be entitled to compensation for the time lost 
during the pending of the appeal. 

1699. Firnt — Any teacher whose salary is withheld may 
appeal to the Superintendent of Public Instruction, who 
shall thereupon reqi;ire the Superintendent of Schools to 
investigate the matter and present the facts thereof to 
him. The judgment of the Superintendent of Public In- 
struction shall 1)0 final; and upon receiving it the Super- 
intendent of Schools, if the judgment is in favor of the 
teacher, shall, in case the Trustees refuse to issue an order 
for said withheld salary, issue his requisition in favor of 
said teacher. 



174 SCHOOL LAW. 

Second — Should any teacher employed by a Board of 
School Trustees for a specified time, leav^e the school be- 
fore the expiration of such time, without the consent of 
the Trustees, in writing, said teacher shall be deemed 
guilty of unprofessional conduct, and the Board of Educa- 
tion of the county are authorized, upon receiving notice of 
such fact, to suspend the certificate of such teacher for the 
period of one year. Should said teacher be the holder of 
an Educational or a Life Diploma, the Superintendent of 
Schools shall report the delinquency of the teacher to the 
State Board of Education, who are thereupon authorized 
to suspend said diploma for the period of one year. 

1700. No warrant mvist be drawn in favor of any teacher 
unless the officer whose duty it is to draw such warrant 
is satisfied that the teacher has faithfully performed all 
the duties prescribed in section one thousand six hundred 
and ninety-six, 

1701. No requisition for a warrant shall be drawn in 
favor of any teacher, unless such teacher is the holder of 
a proper certificate, in force for the full time for which the 
requisition is drawn, nor unless he was employed by the 
Board of Trustees, or City Board of Education, or by the 
Superintendent of Schools, as provided in section one 
thousand five hundred and forty-five. 

1702. It shall be the duty of all teachers to endeavor to 
impress upon the minds of the pupils the principles of 
morality, truth, justice, and patriotism; to teach them to 
avoid idleness, profanity, and falsehood; and to instruct 
them in the principles of a free government, and to train 
them up to a true comprehension of the rights, duties, and 
dignity of American citizenship. 

1704. No person is eligible to teach in any public school 
in this State, or to receive a certificate to teach, who has 
not attained the age of eighteen years. 

ARTICLE XIII. 

DISTRICT LIBRARIES. 

1712. First— 1\\e Board of School Trustees and the City 
Board of Education in any city must expend the Librai-y 
Fund, together with such moneys as may be added thereto 
by donation, in the purchase of school apparatus and books 



SCHOOL LAW. 175 

for a school library, including books for supplementary 
work, and no warrant shall be drawn by the Superin- 
tendent of Schools upon the order of any Board of Trustees 
against the Library Fund of any district unless such order 
is accompanied by an itemized bill, showing the books and 
apparatus, and the price of each, in payment of which the 
order is drawn, and unless such books and apparatus have 
been adopted by the County, or City, or City and County 
Board of Education; all orders of the Trustees and of 
Boards of Education for books or apparatus must in every 
case be submitted to the Superintendent of Schools of the 
county, or city, or city and county, respectively, for his 
approval, before said books or apparatus shall be pur- 
chased. 

Second — The Trustees of each district shall cause each 
book now in their District School Library, or that may 
hereafter be placed in said library, to be stamped on the 
fly leaf, on the title page, and on each one hundredth page 
of the book, with the words "Department of Public Li- 
striiction, State of California, County, Dis- 
trict Library," and the County Superintendent is hereby 
authorized and instructed to procure such stamp for each 
district in his county, and to pay for the same out of the 
County School Fund of such district. 

1713. Except in cities not divided into school districts, 
the Library Fund shall consist of not less than five nor 
more than ten per cent, of the County School Fund an- 
nually apportioned to the district; provided, that should 
ten per cent, exceed fifty dollars, fifty dollars only shall 
be apportioned to the district; and provided fartlicr, that 
the School Trustees of each district in the county shall, in 
the month of July in each year, notify the Superintendent 
of the county as to what amount they desire to be appor- 
tioned for their respective districts for the year, 

1714. Li cities not divided into school districts, the Li- 
brary Fund shall consist of a sum not to exceed fifty dol- 
lars for every one thousand children or fraction thereof of 
five hundred or more, l^etween the ages of five and seven- 
teen years, annually taken from the City or County School 
Fund apportioned to the city. The Superintendent shall 
apportion the Library Fund in cities not divided into dis- 
tricts among the several scliools in proportion to the aver- 
age niimber of children l)elonging to each scliool. 



176 SCHOOL LAW. 

1715. Libraries are under the control of the Board of 
Trustees or City Board of Education, and must be kept, 
when practicable, in the school-houses. 

1716. The library is free to all pupils of a suitable age 
belonging to the school; and any resident of the district 
may become entitled to its privileges by the payment of 
such a sum of money for life membership, or such annual 
or monthly fee as may be prescribed by tlie Trustees. 

1717. The Trustees shall be held accountable for the 
proper care and preservation of the library, and shall have 
power to assess and collect all fines, penalties, and fees of 
membership, and to make all needful rules and regulations 
not provided for by the State Board of Education, and not 
i7Consistent therewith; and they shall report annually to 
t&e County Superintendent all library statistics which may 
be required by the blanks furnished for the purpose by the 
Superintendent of Public Instruction. 

ARTICLE XVI. 

COUNTY BOAKDS OF EDUCATION. 

1768. Firi^t — Except in any city and county, there shall 
be a County Board of Education, which shall consist of 
the County Superintendent of Schools and of four other 
members, appointed by the Board of Supervisors of the 
county. 

Second — Of the members appointed l)y the Board of Su- 
pervisors at least two shall always be experienced teach- 
ers, holding not lower than grammar grade certificates in 
full force and effect. 

Third — At their last regular meeting preceding the first 
day of July, in the year eighteen hundred and ninety- 
three, the Board of Supervisors shall appoint two mem- 
bers, at least one of whom shall be an experienced teacher, 
to serve on said Board of Education for the period of one 
year; and also two persons, at least one of whom shall be 
an experienced teacher, to serve on said Board of Educa- 
eation for the period of two years; and thereafter, each 
and every year, the Board of Supervisors, at the last regu- 
lar meeting preceding the first day of July, shall appoint 
two persons, at least one of whom shall be an experienced 
teacher, to serve on said Board of Education for the period 
of two years. 



.s(^lIOOL LAW. 177 

Fourth — If the Board of Supervisors of any county re- 
fuse or neglect to appoint members of the County Board 
of Education, as provided in subdivision three of this sec- 
tion, it shall be the duty of the County Superintendent to 
appoint them. Should a vacancy occur at any time in the 
County Board of Education, it shall be the duty of the 
Board of Supervisors to appoint a party to fill such va- 
cancy. 

Fifth — The members of the County Board of Education, 
elected or appointed, shall qualify within ten days after 
receiving notice of their election or appointment. 

Sixth — The ('ounty Board of Education shall organize on 
the first meeting subsequent to the first day of July in 
each year, by electing one of their number President of 
the Board. The County Superintendent shall be ex officio 
Secretary of the Board. 

Seventh — For the transaction of business three members 
shall constitute a quorum; but no teacher's certificate shall 
be issued, renewed, or revoked, nor shall any books or ap- 
paratus be adopted, except by an affirmative vote of at 
least three members of the Board. On the call of any 
member, the ayes and nays shall be taken upon any propo- 
sition, and the vote shall be recorded in the minutes of the 
Board. 

1769. The Superintendent of Schools shall be ex officio 
Secretary of the County Board of Education. The Board 
shall elect one of their members President. 

1770. First — Each County Board of Education shall 
meet semi annually, at such time as they may determine. 
Special meetings may be called by the Superintendent 
wdienever in his judgment the exigencies of the schools 
may require them to be held. Upon the request of any 
three members, m writing, the Superintendent shall call 
a special meeting. Notice of all semi-annual meetings 
shall be given by the Secretary at least ten days prior to 
the time of meeting; and no business shall be transacted 
at a special meeting, except as provided in subdivision 
second of this section, other than such as may be specified 
in the call of the Secretary. 

5eco?id— Examination of applicants for teachers' certifi- 
cates shall be held only at the semi-annual meetings of the 
Board. Certificates upon credentials may be granted, and 
certificates may be renewed at any meeting of the Board. 



178 SCHOOL LAW. 

Third — The Board of Supervisors shall allow to each 
member of the County Board of Education a compensation 
of five dollars per day for his services, and the same rate 
of mileage as is allowed to the members of the Board of 
Supervisors of the county. The Secretary shall be al- 
lowed the sum of five dollars per day for the actual time 
that the Board may be in session; said compensation of 
the members of the Board, and of the Superintendent, 
shall be payable out of the same fund and in the same 
manner as the salary of the Superintendent of Schools is 
paid. 

Fourth — All expenses for printing required by the 
County Board of Education, and all incidental expenses 
incurred for stationery or other purposes in the perform- 
ance of their duties, shall be audited and paid as other 
claims against the General Fund of the county are paid. 

1771. County Boards of Education have power: 

First — To adopt rules and regulations, not inconsistent 
with the laws of this State, for their own government. 

Second — To prescribe and enforce rules for the exami- 
nation of teachers. 

Third — To examine applicants, and to prescribe a stand- 
ard ot proficiency which will entitle the person examined 
to a certificate, and to grant certificates of three grades, 
valid throughout the county, except as provided in section 
seventeen hundred and seventy-five, as follows: 

1. High School; valid for six years, authorizing the 
holder to teach in any high school, grammar grade, or 
primary school; provided, that holders of grammar school 
course certificates shall be entitled to receive high school 
certificates in lieu thereof. 

2. Grammar Grade; valid for six years, authorizing the 
holder to teach any grammar grade or primary school. 

3. Primary; valid for two years, authorizing the holder 
to teach any primary school. 

Also, to grant special certificates, valid for six years, 
which shall entitle the holder to teach such special 
branches as may be required by City or County Boards 
of Education. 

Fourth—To prescribe and enforce the use of a uniform 
series of text-books, and a course of study in the public 
schools, and to adopt a list of books and apparatus for dis- 
trict sciiool libraries. 



SCHOOL LAW. 179 

Fifth — To revoke or suspend, for immoral or unprofes- 
sional conduct, or evident unfitness for teaching, the cer- 
tificates granted by them. 

Sixth — To keep a record of its proceedings. 

Seventh — To issue diplomas of graduation from any of 
the public schools of the county, except in incorporated 
cities having Boards of Education, which diplomas shall 
be designed by the Superintendent of Public Instruction, 
and distributed as other blanks from his otiice. Diplomas 
shall be issued only to pupils who have passed an exami- 
nation prescribed by the County Board of Education. 
Such diplomas shall be signed by the President and Sec- 
retary of the County Board, and by the Principal of the 
school. 

Eighth — To adopt and use, in authentication of its acts, 
an official seal; and to have such printing done as may be 
necessary in the discharge of their duties. 

Ninth — All examination papers for teachers' certificates 
shall be kept on file in the office of the Superintendent of 
Schools for at least one year, and shall be open for the in- 
spection of applicants or their authorized agents. 

1772. Except as provided in section seventeen hundred 
and seventy-five, certificates shall be granted only to those 
who have passed a satisfactory examination in all the 
studies prescribed by the County Board of Education; 
provided, that applicants for primary county certificates 
shall be required to pass an examination only in arith- 
metic, grammar, geography, composition, history of the 
United States, orthography, defining, penmanship, read- 
ing, methods of teaching, school law, industrial drawing, 
physiology, civil government, elementary bookkeeping, 
and vocal music. 

1773. All examinations shall be in writing, in answer to 
questions formulated b}^ the Board of Education. The 
said Board shall also examine all applicants, orally, touch- 
ing the questions asked and such other matters in con- 
nection therewith as shall have a tendency to demonstrate 
the fitness of the applicant to assume the duties of teacher. 
The said Board shall ask questions of practical utility, 
with a view of ascertaining the knowledge and ability of 
the applicant. All examinations shall be public. 

1774. The standing of each applicant in each study, and 
in the class, must be indorsed on the back of each certifi- 



180 SCHOOL LAW. 

cate issued upon examination, otherwise it is not a valid 
certificate. 

1775. First — The Board may also, without examination, 
grant county certiticates of eitlier the granmiar or the pri- 
mary grail e, to the holders of life diplomas of other States; 
Nevada, Oregon, and Washington State educational di- 
plomas; San Francisco Normal class diplomas, when 
recommended by the Superintendent of Public Scliools of 
said city; California State University diplomas, when 
recommended by the Faculty of the University; State 
Normal School diplomas of other States; grammar grade 
certificates of any county, city, or city and county of Cali- 
fornia; and county certificates of the high school grade to 
holders of California State University diplomas, when 
recommended by the Faculty of the University; and to 
graduates of any other institution in the United States 
which the State Board of Education of this State shall 
have recommended as being of the same rank as the State 
University of California, when the diploma of graduation 
from said institution shall be acconipanied by a recom- 
mendation from the Faculty thereof, showing that the 
holder of the diploma has had academic and professional 
training equivalent to that required by the State Uni- 
versity. The general conditions on which such recom- 
mendations may be accepted by the County Boards of 
Education as fulfilling these requirements, shall be pre- 
scribed by the State Board of Education. 

Second — Whenever any holder of a diploma from the 
State University shall present to the State Board of Edu- 
cation satisfactory evidence of having had two years' suc- 
cessful experience as a teacher subsequent to graduation, 
accompanied by a recommendation from the Faculty of 
the State University, showing that said graduate has com- 
pleted the prescribed course of the Pedagogical Depart- 
ment of the State Univei'sity, the State Board of Educa- 
tion shall grant to the holder of said University diploma a 
document signed by the President and Secretary of the 
State Board, showing such fact, and the said diploma, ac- 
companied by said document of the State Board attached 
thereto, shall become a permanent certificate of qualifica- 
tion to teach in any primary, grammar, or high school in 
the State, valid until such time as the said document shall 
be revoked by said State Board of Education, for any of 



SCHOOL LAW. 181 

the causes shown in subdivision four of section one thou- 
sand seven hundred and ninety-one. 

Third — The Board may, without examination, renew 
unexpired certificates previously granted by said Board; 
such renewed certificates to remain valid for the same 
length of time for which new certificates may be granted; 
and the grammar grade and primary certificates issued or 
renewed by the County Board of Education shall entitle 
the holders thereof to teach in any city or district school 
in the county, in grades corresponding to the grades of 
their certificates; provided, that in cities having special 
departments in their schools, holders of credentials men- 
tioned above may be examined by the City Board of Ex- 
amination in the special studies of such departments. 
County Boards of Education may issue, upon proper ex- 
amination or credentials, special certificates in any special 
branches taught in the schools of the county. All certifi- 
cates must be issued upon the blank forms prepared for 
the purpose by the Superintendent of Public Instruction. 

1776. Any member of a County Board of Education or 
of a City Board of P]xamination who shall, except in the 
regular course of study in the public schools, teach 
any classes where pupils are given special instruction to 
prepare them for passing examination to obtain teachers' 
certificates, or who shall give special instruction to any 
person preparing for examination to obtain a teacher's cer- 
tificate, shall be deemed guilty of a misdemeanor, and, 
upon conviction thereof, his office shall be declared va- 
cant. No certificate shall be issued to any applicant who 
has received special instruction, when preparing for exami- 
nation, from any member of a County Board of Education, 
or of a City Board of Examination. 

ARTICLE XVII. 

CITY BOARDS OF EXAMINATION. 

1787. In every city, or city and county of the first, 
second, or third class, having a Board of Education, there 
may be a City Board of Examination. 

1788. Each City Board of Examination shall consist of 
the City Superintendent of Schools, and four other mem- 
bers, residents of such city, all of whom shall be experi- 



182 SCHOOI. LAW. ] 

enced teachers, elected by the City Board of Education, 
and holding office for two years, 

1789. The City Superintendent of Schools is Chairman 
of the City Board of Examination. 

1790. The City Board of Examination must meet and 
hold examinations for the granting of teachers' certificates 
semi-annually, at such times as they may determine. 
They may also liold monthly meetings for the transaction 
of such business as may come before them. Special meet- 
ings may be called by the City Superintendent wlien in 
his judgment the same are necessary; and on the request 
in writing of any three members of the Board, the City 
Superintendent shall call a special meeting. No business 
shall be transacted at any special meeting except such as 
is indicated in the call therefor; and of all special meet- 
ings due notice shall be given to each member of the 
Board. The place of meeting shall be designated by the 
Chairman, All meetings of the City Board of Examination 
shall be public, and the record of their proceedings shall 
be kept in the office of the City Superintendent of Schools, 

1791. Each City Board of Examination has power: 
First — To adopt rules and regulations, not inconsistent 

with the laws of this State, for its own government and 
for the examination of teachers. 

Second — To examine applicants, and to prescribe a 
standard of proHciency which will entitle the person ex- 
amined to receive: (1) a high school certificate, valid for 
six years, and authorizing the holder to teach any pri- 
mary, grammar, or high school in such city; (2) a city cer- 
tificate, grammar grade, valid for six years, authorizing 
the holder to teach any primary or grammar school in such 
city; (3) a city certificate, primary grade, valid for two 
years, authorizing the holder to teach any primaiy school 
in such city. Tliey shall report the result of the exami- 
nation to the City Board of Education; and said Board of 
Education shall thereupon issue to the successful candi- 
dates the certificates to which thej' shall be entitled. 

Third — To recommend applicants for special certificates, 
valid for a period not to exceed six years, upon such 
special studies as may be authorized by the City Board of 
Education of such city. 

Fourth — For immoral or unprofessional conduct, pro- 
fanity, intemperance, or evident untitness for teaching, to 



SCHOOL I. v\v. 188 

recQinmend to the City Board of Education the revocation 
of any certificates previously granted by said Board of 
Education in such city, or city and county. 

1792. City or City and County Boards of Examination 
may also recommend the granting of city certificates, and 
the rencNval thereof, in the manner provided for the grant- 
ing and renewal of county certificates by the County Board 
of Education in section one thousand seven hundred and 
seventy-five of this Code. 

1793. The holders of city certificates are eligible to teach 
in the cities in which such certificates were granted, in 
schools of grades corresponding to the grades of such cer- 
tificates, and when elected shall be dismissed only for in- 
subordination or other causes, as mentioned in section 
seventeen hundred and ninety-one of this Act, duly ascer- 
tained aud approved by the Board of Education of said 
cities; and City Superintendents of Public Schools, elected 
by City Boards of Education, shall be elected for a term of 
four years; and said City Boards of Education shall have 
full power to fix the salary of all employes. The holders of 
special city certificates are eligible to teach the special 
studies mentioned in their certificates in all the schools in 
the city in whicli such certificates were granted. 

1794. The members of the City Board of Examination 
shall receive such compensation as may be allowed them 
by the City Board of Education, payable out of the City 
School Fund. 

ARTICLE XVIII. 

COUNTY SCHOOL TAX. 

1817. The County Superintendent of each county hav- 
ing a population of less than two hundred thousand in- 
habitants must, on or before the first regular meeting of 
the Board of Supervisors, in September in each year, fur- 
nish the Supervisors and the Auditor, respectively, an es- 
timate, in writing, of the minimum amount of County 
School Fund needed for the ensuing year. This amount 
he must compute as follows: 

First — He must ascertain, in the manner provided for in 
subdivisions one and two of section eighteen hundred and 
fifty-eight, the total number of teachers for the county. 

Second — He must calculate the amount required to be 



184 SCUUOl. LAW. 

raised at live hundred dollars per teacher. From this 
amount he must deduct the total amount of State appor- 
tionment, and the remainder shall be the minin'ium amount 
of County School Fund needed for the ensuing year; pro- 
vided, that if tliis amount is less than sufficient to raise a 
sum equal to six dollars for each census child in the county, 
then the minimum amount shall be such sum as will be 
equal to six dollars for each census child in the county. 

1818. The Board of Supervisors of each county having 
less than one hundred thousand inhabitants must, an- 
nually, at the time of levying other county taxes, levy a 
tax, to be known as the county school tax, the maximum 
rate of which must not exceed fifty cents on each one 
hundred dollars of taxable property in the county, nor the 
minimum rate be less than sufficient to raise a minimum 
amount reported by the County Superintendent, in ac- 
cordance with the provisions of the preceding section. The 
Supervisors must determine the minimum rate of the 
county school tax as follows: They must deduct fifteen 
per cent, from the equalized value of the last general as- 
sessment roll, and the amount required to be raised, di- 
vided by the remainder of the assessment roll, is the rate 
to be levied; but if any fraction of a cent occur, it must be 
taken as a full cent on each one hundred, dollars. 

1819. If the Supervisors' fail to levy the tax as herein 
provided, then the Auditor nmst, and add it to the assess- 
ment roll. 

1820. All moneys derived from this tax in each county 
must be paid into the treasury thereof, to the credit of the 
School Fund. 

ARTICLE XIX. 

DISTRICT SCHOOL TAX. 

1830. The Board of School Trustees of any district may, 
prior to the fifteenth day of August in any year, when in 
their judgment it is advisable, call an election, and sub- 
mit to the electors of the district the question whether a 
tax shall be raised to furnish additional school facilities for 
the district, or to maintain any school in such district, or 
for building one or more school-houses, or for any two or 
all of these purposes; provided, chat where a. tax has been 
collected for the purpose of building a school-house, and 



SCHOOL LAW. 185 

the erection of said school-house shall not have been com- 
menced within two years from the time said tax was col- 
lected, the custodian of said money shall return the same 
to the parties from whom said tax was collected. 

1831. Such election must be called by posting notices in 
three of the most public places in the district, for twenty 
days, and also, if there is a newspaper in the county, by 
advertising therein once a week for three weeks. 

1832. Such notices must specify the time and place of 
holding the election, the amount of money proposed to be 
raised, and the purpose for which it is intended to be used. 

1833. The election shall be conducted in conformity to 
the provisions of sections one thousand live hundred and 
ninety-six, one thousand five hundred and ninety-seven, 
one thousand five hundred and ninety-eight, one thousand 
five hundred and ninety-nine, one thousand six hundred, 
and one thousand six hundred and one of the Political 
Code; provided, that no particular form of ballot shall be 
required, nor shall any informalities in conducting such 
election invalidate the same, if the election shall have been 
otherwise fairly conducted. 

1834. At such elections the ballots must contain the 
words "Tax — Yes," or "Tax — No." 

1835. If a majority of the votes cast upon the question 
of the tax levy are "Tax — Yes," the officers of the elec- 
tion must certify the fact to the Board of School Trustees. 

1836. The Board of School Trustees, upon receipt of a 
certificate of such fact, must report the same to the Board 
of Supervisors, stating the amount of money to be raised. 

1837. The Board of Supervisors must, at the time of 
levying the county taxes, levy a tax upon all taxable prop- 
erty in the district voting such tax sufiicient to raise the 
amount voted. The rate of taxation shall be ascertained 
by deducting fifteen per cent, for anticipated delinquencies 
from the aggregate assessed value of the property in the 
district, as it appears on the assessment roll of the county, 
and then dividing the sum voted by the remainder of such 
aggregate assessed value. The taxes so levied shall be 
computed and entered on the assessment roll by the 
County Auditor, and collected at the same time and in 
the same manner as State and county taxes; and when 
collected shall be paid into the county treasury' for the use 
of the district in which the tax was voted. 



18G SCHOOL LAW. 

1839. The maximum rate of tax levied by a district tax 
in any one year for building purposes must not exceed 
seventy cents on each hundred dollars, and the maximum 
rate levied for other school purposes must not exceed 
thirty cents on each hundred dollars for any one year. 

ARTICLE XX. 

GENERAL PROVLSIONS RELATIVE TO SCHOOL FUNDS AND 
TAXES. 

1S57. No Assessor, Tax Collector, City, City and 
County, or County Treasurer must charge or receive any 
fees or compensation whatever for assessing, collecting, 
receiving, keeping, or disbursing any school moneys, but 
the whole moneys collected must be paid to the City, City 
and County, or County Treasurer; prorAded, that said As- 
sessor or Tax Collector, for services rendered in the col- 
lection of poll taxes, shall receive the sum of hfteen per 
cent, of the collections. 

1858. All State school moneys apportioned by the Super- 
intendent of Public Instruction must be apportioned to the 
several counties in proportion to the number of school 
census children, as shown by the returns of the School 
Census Marshals of the preceding school year; provided, 
that Indian children whose parents are on Government 
reservations, or are living in the tribal relation, and Mon- 
golian children not native born, shall not be included in 
the apportionment list. The School Superintendent in 
each county must apportion all State and county school 
moneys as follows: 

First — He must ascertain the number of teachers each 
district is entitled to by calculating one teacher for every 
seventy school census children, or fraction thereof, not less 
than twenty school census children, as shown by the next 
preceding school census; provided, that all children in any 
asylum and not attending the public schools, of whom the 
authorities of said asylum are the guardians, shall not be 
included in making the estimate of the number of teachers 
to which the district in which the asylum is located is en- 
titled. ' 

Second — He must ascertain the total number of teachers 
for the county, by adding together the number of teachers 
assigned to the several districts. 



SCHOOL LAW. 187 

Third — Five hundred dollars shall be apportioned to 
each district for every teacher assigned to it ; provided, 
that to districts having ten and less than twenty school 
census children, shall be apportioned four hundred dollars; 
provided further, that to districts having over seventy 
school census children and a fraction of less than twenty, 
there shall be apportioned twenty dollars for each census 
child in said fraction. 

Fourth — -All school money remaining on hand after ap- 
portioning to the districts the moneys provided for in 
subdivision three of this section, must be apportioned to 
the several districts in proportion to the average daily 
attendance in each district during the preceding school 
year. Census children, wherever mentioned in this chap- 
ter, shall be construed to mean those between the ages of 
five and seventeen years. 

Fifth — Whenever in any school year, prior to the receipt 
by the counties, cities, or cities and counties of this State, 
of their State, county, or city school fund, the school dis- 
tricts or cities shall not have sufficient money to their 
credit to pay the lawful demands against them, the 
County, City, or City and County Superintendent shall 
give the Treasurer of said county, city, or city and county, 
an estimate of the amount of school money that will next 
be paid into the County, City, or City and County Treas- 
ury, stating the amount to be apportioned to each district. 
Upon the receipt of such estimate, it shall be the duty of 
the Treasurer of said county, city, or city and county, to 
transfer, from any fund not immediately needed to pay 
claims against it, to the proper School Fund, an amount 
not to exceed ninety per cent of the amount estimated by 
the Superintendent, and he shall immediatelj' notify the 
Superintendent of the amount so transferred. The funds 
so transferred to the School Fund shall be re-transferred 
by the Treasurer to the fund from which they were taken, 
from the first money paid into the School Fund after the 
transfer. 

1859. No school district, except one newly formed, is 
entitled to receive any apportionment of State or county 
school moneys which has not maintained a public school 
for at least six months during the next preceding school 
year. A district which is prevented by fire, flood, or pre- 



188 SCHOOL LAW. 

vailing epidemic from maintaining a school for the length 
of time designated in this section, is nevertheless entitled 
to its apportionment of State and county school moneys. 

1860. No school district is entitled to receive any ap- 
portionment of State or county school moneys unless the 
teachers employed in the schools of such district hold legal 
certiticates of fitness for teaching, in full force and effect. 

1861. The State School Fund must be used for no other 
purpose than the payment of the salaries of teachers of 
primary and gi-ammar schools. 

ARTICLE XXI. 

MISCELLANEOUS PROVISIONS RELATING TO PUBLIC SCHOOLS. 

1867. Any parent, guardian, or other person who shall 
insult or abuse any teacher in the presence of the school 
shall be guilty of a misdemeanor, and be liable to a fine 
of not less than ten nor exceeding one hundred dollars. 

1868. Any person who shall willfully disturb any public 
school, or any public school meeting, shall be guilty of a 
misdemeanor, and liable to a fine of not less than ten nor 
more than one hundred dollars. 

1869. Any State, County, or City and County Superin- 
tendent, or any .State, County, or City and County Board 
of Education, who shall issue a certificate or diploma, ex- 
cept as provided for in this title, shall be guilty of a mis- 
demeanor. 

1870. No officer named in this title, or teacher in any 
public school held under the provisions of this title, must 
act as agent for any author, publisher, bookseller, or other 
person, to introduce any book, apparatus, furniture, or 
any other article whatever, in the common schools of this 
State, or any one or more of them, or directly or indirectly 
contract for or receive any gift or reward for so introduc- 
ing or recommending the same ; and any officer so acting 
or receiving must be deemed guilty of a misdemeanor, 
and, on conviction, be punished by fine or imprisonment, 
and be removed from ofiice. 

1871. Certificates shall be issued to such persons only 
as shall have given evidence of good moral character. 

1873. Every officer, including Secretaries and Assistant 
Secretaries of Boai'ds of Education, charged with the per- 



SCHOOL LAW. 189 

formance of duties under the provisions of this chapter, 
may administer and certify oaths relating to officers or 
official matters concerning public schools. 

1874. In the adoption of text-books, all County, City, 
and City and County Boards of Education shall be governed 
by the following rules : 

First — Any books hereafter adopted as a part of a uni- 
form series of text-books must be continued in use for not 
less than four years. 

Second — No change of text-books must be made at any 
other time than in the months of May or June of the year 
in which the change is made, and no changes shall be 
made to take effect till the beginning of the school term 
commencing after the thirtieth day of June of that year ; 
and no books other than those published by the State 
shall be adopted by the Board of Education of any county, 
city, city and county, or be used as text-books in any of 
the public schools of this State in the subjects of reading, 
orthography, English grammar, arithmetic, geography. 
United States history, physiology, and civil government. 

Thb-d — At least sixty days' notice of any proposed 
change in text-books must be given by publication in a 
newspaper of general circulation, published in the county, 
if there be one, in which such change is to be made. If 
there be no newspaper published in the county, then such 
publication shall be macle in any newspaper having a gen- 
eral circulation in the county. A copy of the newspaper 
containing such publication, with such notice marked, 
must, immediately after the first publication thereof, be 
by the Secretary of the Bo^rd transmitted to the State 
Board of Education, and the same, when received, must 
be filed by the Secretary of said State Board. Said notice 
shall state what text-books it is proposed to change ; that 
sealed bids or proposals will be received by the Board for 
furnishing books to replace them ; the place where and 
the day and hour when all bids or proposals will be opened, 
and that the Board reserves the right to reject any and 
all bids or proposals. Said notice shall be published in 
such newspaper as often as the same shall be issued after 
the first publication thereof. 

Fourth — At the time and place specified in said notice, 
the Board shall meet and publicly open and read all of the 
bids or proposals which have been received by them, and 



190 • SCHOOL LAW. 

shall make their awards thereon within ten days there- 
after. 

Fifth — Said bids or proposals must be accompanied by 
sample copies of the books proposed to be furnished, to- 
gether with a statement of the wholesale and retail price 
at which the publisher agrees to furnish each book within 
the county, or at San Francisco, during the full time for 
which said books are to be adopted. 

Sixth — If no satisfactory bids or proposals are received, 
then the books already in use may continue in use until 
changed, as herein provided. 

Seventh — The publisher or publishers whose proposals 
shall be accepted, must enter into a written contract with 
the Board of Education making the award, and shall give 
a good and sufficient bond in a reasonable sum, to be fixed 
by the Board of Education, for the faithful performance 
thereof. Publishers of books already in use may bid 
under the provisions of this section as well as others, and 
such bids, if satisfactory, may be accepted by the Board. 

Eighth — High schools shall be exempt from the provis- 
ions of this section. 

Ninth — Nothing in this Act shall conflict with any pro- 
vision of law relating to the State series of text-books ; 
nor shall anything be construed to permit the adoption of 
any text-books upon any subject covered by the State 
series of books. 

1875. If any city or district refuse or neglect to use the 
books that may be prescribed, or use any other text-books 
in any of the prescribed studies, the Superintendent of 
Public Instruction must withhold from such city, town, or 
district, twenty-five per cent of all State school moneys 
to whicli it may be entitled, until it comply ; and any 
moneys so withheld must be apportioned by the Superin- 
tendent at the next annual apportionment, in the same 
manner as other school moneys in tlie treasury. 

1876. No School Trustee or member of any Board of 
Education must be interested in any contract made by the 
Board of which he is a member ; and any contract made 
in violation of this provision is void. 

1877. All printing or binding required under this chap- 
ter, except as provided in subdivision eight of section one 
thousand seven hundred and seventy-one, must be exe- 
cuted by the State Printer, in the form and manner and 



SCHOOL LAW. 191 

at the prices of other State printing, and be paid for in 
like manner. 

1878. The school year begins on the first day of July 
and ends on the last day of June. 

1879. The oflfering of any valuable thing to any member 
of a Board of Education or Board of School Trustees, with 
the intent thereby to influence his action in regard to the 
granting of any teacher's certificate, the appointment of 
any teacher. Superintendent, or other officer or employe, 
the adoption of any text-book, or the making of any con- 
tract to which the Board of Education of which he is a 
member shall be a party, or the acceptance by any mem- 
ber of a Board of Education or Board of School Trustees 
of any valuable thing, with corrupt intent, shall be a mis- 
demeanor, punishable as by law provided. Any person 
may be compelled to testify in any lawful investigation or 
judicial proceeding against any jDcrson who may be charged 
with any offense described in this section. Any contract 
or appointment obtained from a Board of Education or 
Board of School Trustees by corrupt means shall be void. 

1880. The Board of Trustees of any school district may, 
when in their judgment it is advisable, and must, upon 
petition of a majority of the heads of families residing in 
the district, call an election and submit to the electors of 
the district whether the bonds of such district shall be 
issued and sold for the purpose of raising money for pur- 
chasing school lots, for building or purchasing one or more 
school-houses, for insuring the same, for supplying the 
same with furniture and necessary apparatus, for improv- 
ing the grounds, and for liquidating any indebtedness 
already incurred for said purposes. 

1881. Such election must be called by posting notices, 
signed by the Board, in three of the most public places in 
the district, for not less than twenty days before the elec- 
tion ; and if there is a newspaper published in the county, 
by publishing such notice therein not less than once a 
week for three successive weeks. 

1882. Such notice must contain : 

1. The time and place of holding such election. 

2. The names of the Inspector and Judges to conduct 
the same. 

8, The hours during the day in which the polls will be 
open. 



192 SCHOOL LAW. 

4. The amount and denomination of the bonds, the rate 
of interest, and the number of years, not exceeding ten, 
the whole or any part of said bonds are to run. 

1883. Such election shall be conducted in conformity 
to the provisions of sections one thousand five hundred 
and ninety-six, one thousand five hundred and ninety- 
seven, one thousand five hundred and ninety-eight, one 
thousand five hundred and ninety-nine, one thousand six 
hundred, one thousand six hundred and one, and one 
thousand eight hundred and thirty-four, except that the 
words to appear upon the ballots shall be " Bonds — Yes" 
or " Bonds — No." 

1884. On the seventh day after said election, at one 
o'clock p. M., the returns having been made to the Board 
of Trustees, the Board must meet and canvass said returns, 
and if it appears that two thirds of the votes cast at said 
election was in favor of issuing such bonds, then the Board 
shall cause an entry of that fact to be made upon its min- 
utes, and shall certify to the Board of Supervisors of the' 
county all the proceedings had in the premises, and there- 
upon said Board of Supervisors shall be and they are 
hereby authorized and directed to issue the bonds of such 
district, to the number and amount provided in such pro- 
ceedings, payable out of the Building Fund of such dis- 
trict, naming the same, and that the money shall be raised 
by taxation upon the taxable property in said district for 
the redemption of said bonds, and the payment of the in- 
terest thereon ; provided, that the total amount of bonds 
so issued shall not exceed five per cent of the taxable 
property of the district, as shown by the last equalized 
assessment book of the county. 

1885. The Board of Supervisors, by an order entered upon 
its minutes, shall prescribe the form of said bonds, and of 
the interest coupons attached thereto, and must fix the 
time when the whole or any part of the principal of said 
bonds shall be payable, which shall not be more than ten 
years from the date thereof. 

1886. Said bonds must not bear a greater amount of 
interest than eight per cent ; said interest to be payable 
annually, and said bonds must be sold in the manner pre- 
scribed by the Board of Supervisors, but not for less than 
par, and the proceeds of the sale thereof must be deposited 
in the County Treasury to the credit of the Building Fund 



SCHOOL LAW. 193 

of said school district, and be drawn out for the purpose 
aforesaid, as other school moneys are drawn out. 

1887. The Board of Supervisors, at the time of making 
the levy of taxes for county purposes, must levy a tax for 
that year upon the taxable property in such district, for 
the interest and redemption of said bonds, and such tax 
must not be less than suflScient to pay the interest of said 
bonds for that year, and such portion of the principal as 
is to become due during such year, and in any event must 
be high enough to raise, annually, for the first half of the 
term said bonds have to run, a sufficient sum to pay the 
interest thereon ; and during the balance of the term high 
enough to pay such annual interest, and to pay, annually, 
a proportion of the principal of said bonds equal to a sum 
produced by taking the whole amount of said bonds out- 
standing and dividing it by the number of years said bonds 
then have to run ; and all moneys so levied when collected 
shall be paid into the County Treasury to the credit of 
the Building Fund of such district, and be used for the 
payment of principal and interest on said bonds, and for 
no other purpose. The principal and interest on said 
bonds shall be paid by the County Treasurer, upon the 
warrant of the Auditor, out of the fund provided therefor; 
and it shall be the duty of the Auditor to cancel and file 
with the Treasurer the bonds and coupons as rapidly as 
they are paid. 

1888. If the Board of Supervisors of any county which 
has issued bonds under the provisions of this Act shall fail 
to make the levy necessary to pay such bonds or interest 
coupons at maturity, and the same shall have been pre- 
sented to the County Treasurer, and the payment thereof 
refused, the owner may file the bond, together with all 
unpaid coupons, with the State Controller, taking his 
receipt therefor, and the same shall be registered in the 
State Controller's office ; and the State Board of P]qualiza- 
tion shall, at their next session, and at each annual equal- 
ization thereafter, add to the State tax to be levied in 
said district, a sufficient rate to realize the amount of 
principal or interest past due prior to next levy, and the 
same shall be levied and collected as a part of the State 
tax, and paid into the State Treasury, and passed to the 
special credit of such district bond tax, and shall be paid 
by warrants, as tlie payments mature, to the holder of 



194 SCHOOL LAW. 

such registered obligations as shown by the register in the 
office of the State Controller, until the same shall be fully- 
satisfied and discharged ; any balance then remaining 
being passed to the general account and credit of said dis- 
trict. 

1889. Whenever any bonds issued under the provisions 
of this title shall remain unsold for the period of six 
months after having been offered for sale in the manner 
prescribed by the Board of Supervisors, the Board of 
Trustees or Board of Education of the school district for 
or on account of which such bonds were issued, or of any 
school district composed wholly or partly of territory 
which, at the time of holding the election mentioned in 
section eighteen hundred and eighty-three, was embraced 
within the district for or on account of which such bonds 
were issued, may petition the Board of Supervisors to 
cause such unsold bonds to be withdrawn from market 
and canceled. Upon receiving such petition, signed by a 
majority of the members of said Board of Trustees or 
Board of Education, the Supervisoi's shall fix a time for 
hearing the same, which shall not be more than thirty 
days thereafter, and shall cause a notice, stating the time 
and place of hearing, and the object of the petition, in 
general terms, to be published for ten days prior to the 
day of hearing, in some newspaper published in said school 
district, if there is one, and if there is no newspaper pub- 
lished in said school district, then in a newspaper pub- 
lished at the county seat of the county in which such 
school or some part thereof is situated. At the time and 
place designated in the notice for hearing said petition, or 
at any subsequent time to which said hearing may be post- 
poned, the Supervisors shall hear any reasons that may be 
submitted for or against the granting of the petition, and 
if they shall deem it for the best interests of the school 
district named in the petition that such unsold bonds be 
canceled, they shall make and enter an order in the min- 
utes of their proceedings that said unsold bonds are can- 
celed, and thereupon said bonds, and the vote by which 
they were authorized to be issued, shall cease to be of any 
validity whatever. 



SCHOOL LAW. 195 



LAWS RELATING TO HIGH SCHOOLS. 



1669. High schools may be established and maintained 
in the manner provided in sections one thousand six hun- 
dred and seventy and one thousand six hundred and sev- 
enty-one of the Political Code. 

1670. First — Any city, incorporated town, or school dis- 
trict having a population of one thousand inhabitants or 
more, may, by a majority vote of the qualified electors 
voting at the election held for the purpose of determining 
the establishment and maintenance of such high school, 
establish and maintain a high school at the expense of such 
city, incorporated town, or school district. 

Second — Whenever a majority of the heads of families, 
as shown by the last preceding school census, in any city, 
incorporated town, or school district, having one thousand 
or more inhabitants, shall unite in a petition to the Board 
of Education or Board of School Trustees of said city, in- 
corporated town, or school district, for the establishing 
and maintaining of a high school therein, said Board of 
Education or Board of School Trustees shall petition the 
County Superintendent of Schools to call an election in 
said city, incorporated town, or school district, for the de- 
termination of the question. 

7ViMYZ— Within twenty days after receiving said petition 
from said Board of Education or Board of School Trustees, 
the County Superintendent of Schools shall call an election 
therein for the determination of the question, and shall 
appoint three qualified electors thereof to conduct said 
election. Said election shall be called by posting notice 
thereof in five of the most public places in said city, in- 
corporated town, or school district, and by publication in 
a daily or weekly paper therein, if there be one, for not 
less than fifteen days. Said election shall be conducted in 
the manner prescribed for conducting school elections. 
The ballots at such elections shall contain the words "For 
High School," and the voter shall write or print after said 



196 SCHOOL LAW. 

words on liis ballot the word "Yes" or the word "No." 
It shall be the duty of said election officers to report the 
result of said election to the County Superintendent of 
Schools within ten days subsequent to the holding thereof. 

Fourth — When a majority in each district, as shown by 
the last preceding school census, of the heads of families 
residing in two or more school districts in the same county 
shall unite in a petition to the County Superintendent of 
Schools for the establishing and maintaining of a union 
high school district, he shall, within twenty days after re- 
ceiving said petition, call an election for the determination 
of the question, and shall appoint three qualified electors 
in each of the districts petitioning to conduct the election 
therein. Said election shall be held separately and simul- 
taneously at the public school-house in each of the dis- 
tricts petitioning, and shall be called bj'^ posting notices 
thereof in three of the most public places in each district, 
one of which places shall be the public school-house in 
each district, at least ten days before said election. Said 
election shall be conducted by the officers appointed for 
that purpose, in the manner provided by law for conduct- 
ing school elections. The ballots at such election in each 
district shall contain the words "For the Union High 
School," and the voter shall write or print after said words 
on his ballot the word " Yes " or the word " No." It shall 
be the duty of said election officers in each district to can- 
vass the vote at said election, and report the result to the 
County Superintendent of Schools within five days subse- 
quent to the holding of said election. 

Fifth —If a majority of the votes cast in the election pro- 
vided for in subdivision three of this section in said city, 
incorporated town, or school district shall be in favor of 
establishing and maintaining a high school therein, it shall 
be the duty of the County Superintendent to call a meet- 
ing of the Board of Education or Board of School Trustees 
of said city, incorporated town, or school district, within 
fifteen days after receiving the returns of the election held 
therein, by giving at least ten days' notice, in writing, to 
every member of said Board of Education or Board of 
School Trustees. The Board of Education or Board of 
School Trustees shall, at said meeting, determine the loca- 
tion and the name of the high school. 



SCHOOL LAW. 197 

Sixth — If a, majority of the votes cast in the districts pe- 
titioning for a union high school shall in the aggregate be 
in favor of establishing and maintaining a union high 
school therein, the County Superintendent shall, within 
fifteen days after receiving the returns of the election held 
therein, direct the Board of School Trustees in each of 
said districts to call a meeting of the qualified electors of 
their respective districts, in the manner provided in sub- 
division twenty of section sixteen hundred and seventeen 
of the Political Code. At said meeting the qualitied elect- 
ors shall in each district select three representatives. The 
representatives so chosen shall meet in conjunction with 
the County Superintendent of Schools at a time and place 
to be named by the Superintendent, for the purpose of de- 
termining the location and name of the union high school. 
At such meeting the Superintendent shall be Chairman, 
and shall be entitled to vote and participate in all its pro- 
ceedings. No change of location of any high school, when 
once established, shall be made except upon a petition to 
the County Superintendent of Schools, signed by two- 
thirds of the heads of families of the high school district, 
and then only in accordance with all of the provisions for 
the original location of the school as contained in subdi- 
visions five and six of this section. 

Seventh — In any city, incorporated town, or school dis- 
trict which shall have established a high school, the Board 
of Education or Board of School Trustees shall constitute 
the High School Board, and shall have the management 
and control of said high school. 

Ehjhth — In union high school districts the High School 
Board shall be composed of the Clerks of the Boards of 
Trustees of the respective districts uniting; 'provided, that 
should the union high school district consist of but two 
school districts, the Union High School Board shall be 
composed of the Boards of Trustees of both said districts. 

Ninth— T\ve Union High School Board shall meet within 
ten days subsequent to the locating and naming of the 
union high school by the parties selected for that purpose, 
and shall organize by electing a President and a Clerk 
from their own number, to serve until the second Saturday 
of July next succeeding their election; and thereafter the 
Board shall meet and organize in the same manner on the 
second Saturdaj' of July of each and every year. 



198 SCHOOL LAW. 

Tenth — The respective High School Boards shall hold 
regular monthly meetings at the high school building, at 
such times as may be provided in the rules and regulations 
adopted by them for their own government. Special meet- 
ings may be held at the call of the President of the respect- 
ive Boards. Upon the request, in writing, signed by a 
majority of any Board, the President of said Board shall 
call a meeting thereof. Of all special meetings of any 
Board the members thereof shall have at least two days' 
notice issued and served by the Clerk thereof. At special 
meetings no business shall be transacted other than as 
specified in the call therefor. 

Eleventh — The powers and duties of the High School 
Boards shall be such as are now, or as may hereafter be 
assigned by law to Boards of Education or Boards of School 
Trustees, including the provisions of sections one thousand 
eight hundred and eighty to one thousand eight hundred 
and eighty-eight, inclusive, of the Political Code, relating 
to the voting and issuance of bonds, except as otherwise 
provided in this section. 

Twelfth — The course of studies for the respective high 
schools shall be prepared by the High School Board, and, 
except in cities and incorporated towns, shall be subject 
to the approval of the County Board of Education. Said 
course of study shall embrace a period of not less than 
three years; and it shall be such as will prepare graduates 
therein for admission into the State University. The 
text-books to be used shall be adopted by the High School 
Board, subject to the same restrictions as is provided for 
the adoption of the course of study. The State series 
shall be used in grades and classes for which they may be 
adapted. 

Thirteenth — G-raduates of the grammar schools shall be 
admitted to the high schools without examination. Other 
applicants of the high school district may be admitted in 
accordance with such rules as may be prescribed by the 
High School Board. The High School Board may admit 
pupils not residing in any high school district, upon the 
payment of such tuition fees as they may deem proper, 
and all moneys collected from this source shall be paid 
into the fund provided for the support of the high school. 

Vourteenth — In any city, incorporated town, school dis- 
trict, or union high school district which shall have voted 



SCHOOL LAW. 199 

to establish and maintain a high school, it shall he the 
duty of the High School Board therein to furnish to the 
authorities whose duty it is to levy taxes, on or before the 
second Monday of September, an estimate of the cost of 
purchasing a suitable lot, of procuring plans and specifica- 
tions, and erecting a suitable building, of furnishing the 
same, and of fencing and ornamenting the grounds for the 
accommodation of the school, and of conducting the school 
for the school year. It shall be the duty of said Board, 
each and every year thereafter, to present to said authori- 
ties, on or before the second Monday of September, an es- 
timate of the amount of money required for conducting 
the school for the school year. 

Fifteenth — When such estimate shall have been made, it 
shall be the duty of the authorities in said city, incorpo- 
rated town, school district, or union high school district, 
to levy a special tax upon all of the taxable property of 
said city, incorporated town, school district, or union high 
school district, sufficient to raise the amount required by 
said High School Board, as shown by said estimate. Said 
tax shall be computed, entered upon the tax roll, and col- 
lected in the same manner as other taxes are computed, 
entered, and collected. 

Sixteenth — Should the High School Board of any citj^ 
incorporated town, school district, or union high school 
district, refuse or neglect to make the estimate provided 
for in subdivision fourteen of this section, it shall be the 
duty of the Superintendent of Schools, upon the petition 
of five qualified electors thereof, to make such estimate. 

Seventeenth — Should the authorities whose duty it is to 
levy the tax, as provided in subdivision fifteen of this sec- 
tion, refuse or neglect to make the levy provided for, it 
shall be the duty of the Count}" Auditor to make such 
levy, and add it to the tax roll of said cit}^ incorporated 
town, school district, or union high school district. 

Eir/hteenih — All moneys collected from the levy of the 
tax provided for by this section shall be paid in cities and 
incorporated towns into the treasury thereof, to the credit 
of the High School Fund; and said moneys shall be paid 
■out by the Treasurers of said cities or towns upon the 
warrants of the High School Board, signed by the Presi- 
dent and Clerk thereof. 



200 SCHOOL LAW. 

Nineteenth — All moneys collected from said levy in 
school districts or union high school districts shall be paid 
into the County Treasury to the credit of the District 
High School Fund, or the Union High School Fund, re- 
spectively, and shall be paid out on the order of the High 
School Board, signed by the President and Clerk thereof, 
as other school moneys are paid out. 

Tiuentieth — Nothing in this section shall be construed as 
preventing all of the school districts in any county from 
uniting to form one or more county high schools ; provided, 
that when any city, incorporated town, school district, or 
union high school district shall vote to maintain a high 
school, such territory shall be exempt from taxation to 
support a county high school ; and j^rovided further, that 
when any city, incorporated town, school district, or union 
high school district shall establish a high school prior to 
the submission of the proposition to establish a county 
high school, the electors of such city, incorporated town, 
school district, or union high school district shall be ex- 
cluded from voting upon said proposition. 

Tinenty -first — When the boundaries of school districts 
shall for any cause be changed, such change shall not af- 
fect the high school district. 

Twenty-second — Any school district adjacent to a high 
school district may be admitted to said high school dis- 
trict by action of the Board of Supervisors of the county, 
upon such terms as may be agreed upon between the 
Trustees of the school district seeking admission, and the 
High School Board, whenever a majority of the heads of 
families, as shown by the last preceding school census, 
shall present to said Board of Supervisors a petition for 
such annexation, accompanied by a petition signed by a 
majority of the members composing the High School 
Board of the district to which admission is desired. 

Twenty-third — When the average daily attendance of 
pupils in any high school during the whole of any school 
year, after the first school year, shall be ten, or less than 
ten, the Superintendent of Schools shall suspend the school 
in said district, and shall report the fact to the Board of 
Supervisors. Upon receiving such report from the Super- 
intendent, the Board of Supervisors shall declare the high 
school lapsed, and shall cause the property thereof to be 
sold. All moneys received from the sale of the property 



SCHOOL LAW. 201 

ot the high school district, and all moneys in the treasury 
to the credit of said high school, shall be distributed by 
the County Superintendent to the districts composing the 
high school district, in proportion to the assessed valua- 
tion of property in said districts. 

Tiventy-fourth—^Vhen, in consequence of distance or of 
convenience in traveling, it is more convenient for pupils 
residing in any high school district to attend the high 
school in another high school district, the High School 
Board of the latter district may admit such pupils to the 
high school in their district. The High School Board in 
the district in which such pupils reside shall, upon demand, 
give to the High School Board of the district in which 
such pupils attend, a warrant vipon the fund of their dis- 
trict in payment of the tuition of said pupils, equal to the 
amount charged for the tuition of non-resident pupils, as 
provided in subdivision thirteenth of this section. 

Twenty -fifth — ( 1 ) When a maj ority of the heads of families 
residing in two or more adjacent districts, not in the same 
county, shall unite in a petition to the County Superin- 
tendents of their respective counties for the establishing 
and maintaining of a joint union high school district, it 
shall be the duty of said Superintendent, within twenty 
days after receiving said petition, to call an election in 
the district or districts in his county petitioning, for the 
purpose of determining the question, and appoint three 
qualified electors in each district petitioning, to conduct 
the election therein. Said election shall be called and 
conducted in all respects as specified in subdivision fourth 
of this section, and the result thereof shall be reported by 
the election officers in each district to the Superintendents 
of the counties in which the districts are situated, within 
five days subsequent to the holding of said election. 

(2) If a majority of the votes cast in the districts shall, 
in the aggregate, be in favor of establishing a joint union 
high school, the County Superintendent in each county 
shall, within fifteen days after receiving the returns of the 
election, direct the Board of Trustees in the district or 
districts, in his respective county, to call a meeting of the 
qualified electors, as provided in subdivision sixth of this 
section. At said meeting the qualified electors in each 
district shall select representatives, as provided in said 
subdivision. The representatives so chosen shall meet at 



202 SCHOOL LAW. 

a time and place, to be agreed upon among themselves, 
for the purpose of determining the location and name of 
the school. 

(3) The Joint Union High School Board shall be com- 
posed as provided in subdivision eighth of this section ; 
and their powers and duties shall be such as are specified 
in this section for Union High School Boards ; provided, 
that the estimate provided for in subdivision fourteenth 
of this section shall be furnished to the authorities m each 
of the counties in which the districts uniting are situated; 
and prodded farther, that the portion of such estimate to 
be raised in each district shtdl be in proportion to the tax- 
able property therein, as shown by the last preceding as- 
sessment roll thereof. 

(4) All the provisions relative to the levy and collection 
of the tax necessary to raise the amount estimated as pro- 
vided, shall apply to the levy and collection of the tax for 
joint union high schools ; provided, that the amount col- 
lected in each district shall be paid into the treasury of 
the county in which said district is located, to the credit 
of a fund to be known as Joint Union High School Fund, 
and shall be paid out as provided in subdivision nineteenth 
of this section. 

1671. First — There may be established in any county in 
this State, one or more county high schools ; pi'ovided, 
that at any general or special election held in said county 
after the passage of this Act, a majority of all the votes 
cast at such election, upon the proposition to establish a 
high school, shall be in favor of establishing and maintain- 
ing such county high school or schools at the expense of 
said county. 

Second — The Board of Supervisors, at any general elec- 
tion to be held in any county after the passage of this Act, 
upon the presentation of a petition signed by fifty or more 
qualified electors, taxpayers of said county, must submit 
the question of establishing and maintaining a county 
high school to the qualified electors thereof. The Board 
of Supervisors, if they deem it expedient, may order a 
special election for such purpose. Said election shall be 
conducted in the manner prescribed by law for conducting 
elections. The ballots at such elections shall contain the 
words "For County High School ;" and the voter shall 



SCHOOL LAW. 203 

write or print thereafter on the ballot the word "Yes " or 
the word "No." 

Third — If the majority of all the votes cast on the prop- 
osition to establish a county high school are in the affirm- 
ative, it shall be the duty of the Board of Supervisors, 
within thirty days after canvassing said vote, to locate 
the school in some suitable and convenient place in said 
county. The Board of Supervisors shall also estimate the 
cost of purchasing a suitable lot, erecting a building and 
furnishing the same, for the accommodation of such school, 
together with the cost of conducting such school for the 
next twelve months ; provided, that the High School 
Board may rent suitable rooms for the accommodation of 
the school. If rooms can be obtained in public school 
buildings in the place in which said school shall be located, 
such rooms shall be given the preference. 

Fourth — ^When such estimate shall have been made, the 
Board of Supervisors shall thereupon proceed to levy a 
special tax upon all of the assessable j)roperty of the 
county, except as provided in subdivision twentieth of 
section one thousand six hundred and seventy of the Polit- 
ical Code, sufficient to raise the amount estimated as nec- 
essary for the purchasing of a lot, procuring plans and 
specifications, erecting a building, furnishing the same, 
fencing and ornamenting the grounds, and the cost of run- 
ning said school for the following twelve (12) months. 
Said tax shall be computed, entered on the tax roll, and 
collected in the same manner as other taxes are computed, 
entered, and collected, and the amount so collected shall 
be deposited in the County Treasury, and be known and 
designated as the County High School Fund, and shall be 
drawn from the treasury as other moneys so appropriated 
are drawn. 

Fifth — When the Board of Supervisors shall have prop- 
erly provided and completed the building, together with 
the necessary fencing of the lot so purchased, they shall 
cause the same to be deeded to the County Board of Edu- 
cation, who shall hold the same in trust for the county. 

Sixth — It shall be the duty of the County Board of Edu- 
cation to furnish to the Boai'd of Supervisors, annually, 
an estimate of the amount of money needed to pay all of 
the necessary expenses of running said school ; to adopt 
the necessary text-books (the State series shall be used in 



204 SCHOOL LAW. 

grades and classes for which they are adapted); to adopt 
and enforce a course of study for said schools ; to employ 
suitable teachers, janitors, and other employes, and dis- 
charge such employes when deemed advisable by them ; 
and to do any and all other things necessary to the proper 
conduct of the school. The course of study shall be such 
as will, when it is completed by the student, fit him for 
admission to the University of California. 

Seventh — It shall be the duty of the Board of Super- 
visors to include in their annual tax levy the amount esti- 
mated by the County Board of Education as needed to 
pay the expenses of conducting the county high school ; 
and such amount, when collected and paid into the County 
Treasury, shall be known as the "County High School 
Fund," and may be drawn therefrom in the following 
manner, for the purpose of defraying the expenses of con- 
ducting said county high school : The County Board of 
Education shall draw their order on the County Superin- 
tendent of Schools, in the manner and form provided, by 
law for School District Trustees drawing orders on their 
District School Funds, and the County Superintendent 
shall draw his requisition on the Auditor, who shall draw 
his warrant on the County Treasurer in favor of the per- 
son or persons to whom the amount called for in such 
requisition is due. All orders, requisitions, and warrants 
drawn on the " County High School Fund," in all other 
respects, except as specified in this Act, shall be subject 
to the law governing school districts. 

EigJith — In case the qualified electors of any county 
deem it expedient to establish and maintain more than 
one county high school, then such additional school or 
schools may be established and maintained in the manner 
prescribed in this Act for establishing and maintaining a 
county high school. 

Ninth — All high schools shall be open for the admission 
of graduates holding diplomas from the county grammar 
schools of the county, and to all pupils of the county who 
can pass the examination for admission. The examina- 
tion for admission shall be conducted by the County 
Board of Education and the Principal of the county high 
school. 

Tenth — All proceedings for the establishment of county 
and union high schools had prior to the passage and ap- 



SCHOOL LAW. 205 

proval of this Act, are hereby validated and declared 
legal ; and said high schools shall continue under the pro- 
visions of the law under which they were established, 
until the first day of July, one thousand eight hundred 
and ninety-three ; thereafter they shall be conducted in 
accordance with the provisions of this Act. 



206 SCHOOL LAW, 



LAWS RELATING TO STATE NORMAL SCHOOLS. 



354. The Normal Schools at San Jose and Los Angeles, 
and any Normal School established after the first day of 
January, eighteen hundred and eighty-seven, by the State, 
shall be known as State Normal Schools, and shall each 
have a Board of Trustees, constituted as follows: The 
Governor and State Superintendent of Public Instruction 
shall be members of each Board, and there shall be five 
members, whose term of office shall be five years, who 
shall be appointed by the Governor; provided, that the 
Trustees of the State Normal School in office June thir- 
tieth, eighteen hundred and eighty-seven, shall hold ofl&ce 
until the end of the terms for which they were appointed; 
provided, that no appointment made after the approval of 
this Act shall be for a term of more than five years, and 
the Trustees in office when this Act takes eflPect shall be- 
come members of the Board of Trustees of the State Nor- 
mal School located nearest to their residences; and the 
members of any Board of Trustees, when first appointed 
and organized, shall classify themselves so that the term 
of one Trustee shall expire annually. 

1487. The State Normal Schools have for their objects 
the education of teachers for the public schools of this 
State. 

1488. The State Normal Schools shall be under the man- 
agement and control of Boards of Trustees, constituted as 
provided in section three hundred and fifty-four of the 
Political Code of the State of California. 

1489. The powers and duties of each Board of Trustees 
are as follows: 

First — To elect a Secretary, who shall receive such sal- 
ary, not to exceed one hundred and fifty dollars per an- 
num, as may be allowed by the Board. 

Second — To prescribe rules for their owai government, 
and for the government of the school. 



SCHOOL LAW. 207 

Third — To prescribe rules for the reports of officers and 
teachers of the school, and for visiting other schools and 
institutes. 

Fourth — To provide for the purchase of school appa- 
ratus, furniture, stationery, and text-books for the use of 
the pupils. 

Fifth — To establish and maintain training or model 
schools, and require the pupils of the Normal School to 
teach and instruct classes therein. 

Sixth— To elect a Principal and other necessary teachers, 
fix their salaries, and prescribe their duties. 

Seventh — To issue diplomas of graduation upon the 
recommendation of the Faculty of the school. 

EhjhtJi — To control and expend all moneys appropriated 
for the support and maintenance of the school, and all 
moneys received from tuition or from donations. In no 
event shall any moneys appropriated for the support of 
the school, or received from tuition or donations, be paid 
or used for compensation or traveling expenses of the 
Trustees of the school, except when attending the joint 
meetings provided for by section one thousand four hun- 
dred and ninety-two of the Political Code of the State of 
California, and each Trustee attending such meetings shall 
receive the same mileage as is allowed by law to members 
of the Legislature, for not more than two meetings in each 
school year. 

Ninth — To cause a record of all their proceedings to be 
kept, which shall be open to public inspection at the 
school. 

Tenth — To keep, open to public inspection, an account 
of receipts and expenditures. 

Eleventh — To annually report to the Governor a state- 
ment of all their transactions, and of all matters pertain- 
ing to the school. 

Twelfth — To transmit with such report a copy of the 
principal teacher's annual report. 

Thirteenth — To revoke any diploma by them granted, on 
receiving satisfactory evidence that the holder thereof is 
addicted to drunkenness, is guilty of gross immorality, or 
is reputedly dishonest in his dealings; provided, that such 
person shall have at least thirty days' previous notice of 
such contemplated action, and shall, if he asks it, be heard 
in his own defense. 



208 SCHOOL LAW. 

1490. Each Board of Trustees must hokl two regular 
meetings in each year, and may hold special meetings at 
the call of the Secretary, when directed by the Chairman. 

1491. The time and place of regular meetings must be 
fixed by the by-laws of the Board. The Secretary must 
give written notice of the time and place of special meet- 
ings to each member of the Board. 

1492. Joint meetings of the Boards of Trustees of the 
State Normal Schools shall be held at least once in each 
school year, alternately, at the different State Normal 
Schools. The first meeting shall be held at San Jose, and 
thereafter at the other Normal Schools in the order of their 
organization. At such meetings the Trustees shall have 
the power, and it shall be their duty: 

Fi7'st — To prescribe a uniform series of text-books for 
use in the State Normal Schools. The State series of text- 
books shall be used, when published, in the grades and 
classes for which they are adapted. 

Second — To prescribe a uniform course of study, and 
time and standard for graduation from the State Normal 
Schools. 

1494. Every person admitted as a pupil to the Normal 
School course must be: 

First — Of good moral character. 

Second — Of sixteen years of age. 

Third — Of that class of persons who, if of a proper age, 
would be admitted in the public schools of this State with- 
out restriction. 

1495. Teachers holding State certificates of the fii'st or 
second grades may be admitted from the State at large. 

1496. Persons resident of another State may be ad- 
mitted upon letters of recommendation from the Governor 
or Superintendent of Schools thereof. 

1497. Every person making application for admission as 
a pupil to the Normal School must, at the time of making 
such application, file with the Principal of the school a 
declaration that he enters the school to fit himself for 
teaching, and that it is his intention to engage in teaching 
in the public schools of this State, or in the State or Terri- 
tory where the applicant resides. 

1501. The Principal of each State Normal School must 
make a detailed annual report to the Board of Trustees, 



SCHOOL LAW. 209 

with a catalogue of the pupils, and such other particulars 
as the Board may require or he may think useful. 

1502. The Board of Trustees of any Normal School, or 
its Executive Committee, may grant permission to the 
Principal, or any teacher of such school, to attend any 
County Institute, and give instruction on subjects relatmg 
to education in the public schools. [As amended March 
23, 1S93.] 

1503. First — The Board of Trustees of each State Nor- 
mal School, upon the recommendation of the Faculty, may 
issue to those pupils who worthily complete the full course 
of study and training prescribed, a diploma of graduation. 

Second — Said diploma shall entitle the holder thereof to 
a grammar grade certificate from any City, City and 
County, or County Board of Education in the State. 

Third — Whenever any City, City and County, or County 
Board of Education shall present to the State Board of 
Education a recommendation showing that the holder of a 
Normal School diploma has had a successful experience of 
two years in the public schools of this State subsequent to 
the granting of such diploma, the State Board of Educa- 
tion shall grant to the holder thereof a document signed 
by the President and Secretary of the State Board, show- 
ing such fact. The said diploma, accompanied by said 
document of the State Board attached thereto, shall be- 
come a permanent certificate of qualification to teach in 
any primary or grammar school in the State, valid until 
such time as the said diploma may be revoked, as provided 
in subdivision thirteen of section fourteen hundred and 
eighty-nine of this Code. 

Fourth — Upon presentation of the diploma and docu- 
ment referred to in subdivision third of this section to any 
City, City and County, or County Superintendent of 
Schools, said Superintendent shall record the name of the 
holder thereof in a book provided for that purpose in his 
office, and the holder thereof shall thenceforth be ab- 
solved from the requirement of subdivision first of section 
sixteen hundred and ninety -six of this Code. 

Fifth — Said diploma of graduation from any Normal 
School in this State, when accompanied by a certificate 
granted by the Faculty of the State University, showing 
that the holder thereof, subsequent to receiving said 
diploma, has successfully completed the prescribed course 



210 SCHOOL LAW. 

of instruction in the Pedagogical Department of the State 
University, shall entitle the holder to a high school cer- 
tificate authorizing the holder to teach in any primary or 
grammar school, and in any high school in this State, ex- 
cept those in which the holder would be required to teach 
languages other than the English. 

1504. The Boards of Trustees, or such Trustees as at- 
tend the joint meetings, shall have power to appoint a 
Secretary, who shall receive such compensation, not to ex- 
ceed twenty dollars for each joint meeting, as the Trustees 
present at the meeting may order paid. The Secretary 
shall keep a full record of all the proceedings of the joint 
meetings of the Trustees, and shall notify the Secretary of 
each Board of Trustees of any changes made in the course 
of study or the text-books to be adopted in the State Nor- 
mal Schools. 

1505. The Superintendent of Public Instruction must 
visit the school from time to time, inquire into its con- 
dition and management, enforce the rules and regulations 
made by the Board, require such reports as he deems 
proper from the teachers of the school, and exercise a gen- 
eral supervision over the same. 

1507. Each order upon the Controller of State by the 
Board of Trustees of a State Normal School must be 
signed by the President of the Board and countersigned 
by the Secretary. Upon presentation of the order afore- 
said, signed and countersigned as aforesaid, the Controller 
of State must draw his warrant upon the State Treasurer, 
in favor of the Board of Trustees, for any moneys, or any 
part thereof, appropriated and set apart for the support of 
the Normal School, and the Treasurer must pay such war- 
rants on presentation. 



SCHOOL LAW. 211 



EXTRACTS FROM THE POLITICAL CODE. 



4. The rule of the common law, that statutes in dero- 
gation thereof are to be strictly construed, has no appli- 
cation to this Code. The Code establishes the law of this 
State respecting the sitbjects to which it relates, and its 
provisions, and all proceedings under it, are to be liberally 
construed, with a view to eflfect its object and to promote 
justice. 

10. Holidays, within the meaning of this Code, are 
every Sunday, the first da}' of January, tlie twenty-second 
day of February, the thirtieth day of May, the fourth 
day of July, the ninth day of September, the first Monday 
of October, the twenty-fifth day of December, every day 
on which an election is held throughout the State, and 
every day appointed by the President of the United 
States, or by the Governor of this State, for a public fast, 
thanksgiving, or holiday. If the first day of January, the 
twenty-second day of February, the thirtieth day of May, 
the fourth day of July, the ninth day of September, or 
the twenty-lifth day of December fall upon a Sunday, the 
Monday following is a holiday. 

15. Words giving a joint authority to three or more 
public officers or other persons, are construed as giving 
such authority to a majority of them, lanless it is otherwise 
expressed in the Act giv'ing the authority. 

17. \Yords used in this Code in the present tense in- 
clude the future as well as the present ; words used in 
the masculine gender include the feminine and neuter ; 
the singular number includes the plural, and the plural 
the singular; the word " person " includes a corporation 
as well as a natural person ; writing includes printing ; 
oath includes affirmation or declaration ; every mode of 
oral statement under oath or affirmation is embraced in 
the term "testify," and every written one in the Avord 
"depose ;" signature or subscription includes mark, when 
the person cannot write, his name being written near it, 



212 SCHOOL LAW, 

and witnessed by a person who writes his own name as a 
witness, 

52. Every person has, in law, a residence. In deter- 
mining the place of residence, the following rules are to 
be observed : 

1. It is the place where one remains when not called 
elsewhere for labor or other temporary purpose, and to 
which he returns in seasons of repose. 

2. There can only be one residence. 

3. A residence cannot be lost until another is gained. 

4. The residence of the father during his life, and after 
his death the residence of the mother while she remains 
unmarried, is the residence of the unmarried minor child, 

5. The residence of the husband is the residence of the 
wife. 

6. The residence of an unmarried minor who has a par- 
ent living cannot be changed by either his own act or that 
of his guardian. 

7. The residence can be changed only by the union of 
act and intent. 

58. Every elector is eligible to the office for which he is 
an elector, except where otherwise specially provided ; 
and no person is eligible who is not such an elector. 

841. No person is capable of holding a civil office who 
at the time of his election or appointment is not of the age 
of twenty-one years and a citizen of this State. (See Sec- 
tion 4102 of the Political Code.) 

843. No county officer must be appointed or act as the 
deputy of another officer of the same county, except in 
cases where the pay of the officer so appointed amounts to 
a sum less than seventy-five dollars per month. 

865. In all cases not otherwise provided for, each deputy 
possesses the powers and may perform the duties attached 
by law to the office of his principal. 

878. Every office, of which the duration is not fixed by 
law, is held at the pleasure of the appointing power. 

879. Every officer must continue to discharge the duties 
of his office, although his term has expired, until his suc- 
cessor has qualified, 

904. Before any officer enters on the duties of his office, 
he must take and subscribe the following oath : 

" I do swear [or affirm] tliat I will support the Consti- 
tution of the United States and the Constitution of the 



SCHOOL LAW. 213 

State of California, and that I will faithfully discharge 

the duties of the office of according to the best of 

my ability." 

907. Whenever a dififerent time is not prescribed by 
law, the oath of office must be taken, subscribed, and filed 
within ten days after the officer has notice of his election 
or appointment, or before the expiration of fifteen days 
from the commencement of his term of office, when no 
such notice has been given. 

908. Except when otherwise provided, the oath may be 
taken before any officer authorized to administer oaths. 

909. Every oath of office, certified by the officer before 
whom the same was taken, must be filed within the time 
required by law, except when otherwise specially pro- 
vided, as follows : 

* -X- * * •)(• * 

Second — The oath of all officers, elected or appointed 
for any county, and of all officers whose duties are local, 
or whose residence in any particular county is prescribed 
by law, in the offices of the Clerks of their respective 
counties. 

920. Members of the Legislature, State, county, city, 
and township officers, must not be interested in any con- 
tract made by them in their official capacity, or by any 
body or Board of which they are members. 

921. State, county, township, and city officers must not 
be purchasers at any sale, nor venders at any purchase 
made by them in their official capacity. 

996. An office becomes vacant on the happening of 
either of the following events before the expiration of the 
term : 

First — The death of the incumbent. 

Second — His insanity, found upon a commission of lunacy 
issued to determine the fact. 

T/iird — His resignation. 

Fourth — His removal from office. 

Fi.Jth — His ceasing to be an inhabitant of the State, or 
if the office be local, of the district, county, city, or town- 
ship for which he was chosen or appointed, or within 
which the duties of his office are required to be discharged. 

Sixth — His absence from the State without permission 
of the Legislature, beyond the period allowed by law. 

Seventh — His ceasing to discharge the duties of his office 



214 SCHOOL LAW. 

for the period of three consecutive mouths, except when 
prevented by sickness, or when absent from the State by 
permission of the Legislature. 

Eighth — His conviction of a felony, or of any offense in- 
volving a violation of his official duties. 

Ninth — His refusal or neglect to file his official oath or 
bond within the time prescribed. 

Tenth — The decision of a competent tribunal declaring 
void his election or appointment. 

1014. Every public officer is entitled to the possession 
of all books and papers pertaining to his office, or in the 
custody of a former incumbent by virtue of his ofiice. 

1015. If any person, whether a former incumbent or 
another person, refuse or neglect to deliver to the actual 
incumbent any such books or papers, such actual incum- 
bent may apply by petition to any court of record sitting 
in the county where the person so refusing or neglecting 
resides, or to any Judge of the Superior Court residing 
therein, and the Court or officer applied to must proceed, 
in a summary way, after notice to the adverse party, to 
hear the allegations and proof of the parties, and to order 
any such books or papers to be delivered to the petitioners. 

i083. Every male citizen of the United States, every 
male person who shall have acquired the right of citizen- 
ship under or by virtue of the treaty of Queretaro, and 
every male naturalized citizen thereof, who shall have 
become such ninety days prior to any election, of the age 
of twenty-one years, who shall have been a resident of the 
State one year next preceding the election, and of the 
county in which he claims his vote ninety days, and in 
the election precinct thirty days, and whose name shall 
be enrolled on the Great Register of such county, shall be 
a qualified elector thereof. 

1084. No native of China, no idiot, insane person, or 
person convicted of any infamous crime, and no person 
hereafter convicted of embezzlement or misappropriation 
of public money, shall ever exercise the privilege of an 
elector. 

1174. The following is the form of poll lists and tally 
lists to be kept by the Boards and Clerks of Election : 

POLL LIST 

Of the election held in the precinct of , in the County 

of , on the day of , in the year A. D. one 



SCHOOL LAW, 



215 



thousand eight hundred and , A. B., C. D., and E. 

F., Judges, and G. H. and J. K., Clerks of said election, 
were respectively sworn (or affirmed), as the law directs, 
previous to their entering on the duties of their I'espective 
offices. 

Number and Name of electors voting. 



Number. 


Name. 


Number. 


Name. 


1 
2 


A. B. 

CD. 


3 

4 


E. F. 
G. H. 



We hereby certify that the number of electors voting 

at this election amounts to . 

Attest : 

G. H., A. B., 

J. K., C. D., 

Clerks. E. F., 

Board of Election. 

TALLY LIST. 

Names of persons voted for, and for what office, containing 
the number oj votes given for each candidate. 



Governor. 


Representatives in Congress 


Members of tl 
Senate. 


le Legislature. 
Assembly. 











We hereby certify that A. B. had votes for Gov- 
ernor, and C. D. had votes for Governor ; that E. F. 

had votes for Representative in Congress, etc. 

G. H., A. B., 

J. K., C. D., 

Clerks. E. F., 

Board of Election. 

Note.— In school elections, substitute, in the above tally list, Trus- 
tee, Collector, or Assessor, for Governor, Representative in Con- 
gress, etc., as the case may be. 



216 SCHOOL LAW. 

1175. No list, tally paper, or certificate returned from 
any election must be set aside or rejected for want of form, 
nor on account of its not being strictly in accordance with 
the directions of this title, if it can be satisfactorily under- 
stood. 

4256. The District Attorney is the public prosecutor, 
and must : 

Sixth — Give, when required, and without fee, his opinion 
(in writing) to county, district, and township officers, on 
matters relating to the duties of their respective offices. 



SCHOOL LAW, 21' 



EXTRACTS FROM THE PENAL CODE. 



19. Except in cases where a diflferent punishment is pre- 
scribed by this Code, every offense declared to be a mis- 
demeanor is punishable by imprisonment in a county jail 
not exceeding six months, or by a fine not exceeding five 
hundred dollars, or by both. 

176. Every willful omission to perform any duty en- 
joined by law upon any public officer, or person holding 
any public trust or employment, where no special provis- 
ion shall have been made for the punishment of such de- 
linquency, is punishable as a misdemeanor. 

177. When an act or omission is declared by a statute 
to be a public offense, and no penalty for the offense is 
prescribed in any statute, the act or omission is punishable 
as a misdemeanor. 

308. Every person who sells or gives or furnishes in any 
way to another, who is in fact under the age of sixteen 
years, any tobacco, or preparation of tobacco, is guilty of 
a misdemeanor, and, upon conviction thereof, shall be pun- 
ished by a fine not exceeding one hundred dollars; pro- 
vided, hoivever, that this section shall not be deemed to 
apply to articles furnished on prescriptions from physicians 
authorized by law to practice medicine, nor to persons 
who supply such articles to their own children, nor to 
sales made to such minors upon the written consent of the 
parents or guardians of such minors first obtained in 
writing by the vender. [Approved March 10, 1891.] 

654. Every parent, guardian, or other person who up- 
braids, insults, or abuses any teacher of the public schools, 
in the presence or hearing of a pupil thereof, is guilty of a 
misdemeanor. 

772. When an accusation in writing, verified by the 
oath of any person, is presented to a Superior Court, al- 
leging that any officer within the jurisdiction of the Court 
has been guilty of charging and collecting illegal fees for 
services rendered, or to be rendered, in his office, or has 



218 SCHOOL LAW. 

refused or neglected to perform the official duties pertain- 
ing to his office, the Court must cite the party charged to 
appear before the Court, at a time not more than ten nor 
less than five days from the time the accusation was pre- 
sented, and on that day, or some other subsequent day 
not more than twenty days from that on which the accu- 
sation was presented, must proceed to hear, in a summary 
manner, the accusation and evidence offered in support of 
the same, and the answer and evidence ofifered by the 
party accused; and if, on such hearing, it appears that the 
charge is sustained, the Court must enter a decree that 
the party accused be deprived of his office, and must enter 
a judgment for five hundred dollars in favor of the in- 
former, and such costs as are allowed in civil cases. 



SCHOOL LAW. 219 



ACTS RELATIVE TO EDUCATION. 



An Act to make loomen eligible to educational offices. 

[Approved March 12, 1874.] 

The People of the State of California, represented in Senate 
and Assembbj, do enact asfolloivs: 

Section 1. Women over the age of twenty-one yeaz-s, 
who are citizens of the United States, and of this State, 
shall be eligible to all educational offices within this State, 
except those from which they are excluded by the Consti- 
tution. 

Sec. 2. All Acts and parts of Acts in conflict with this 
Act are hereby repealed. This Act shall take efifect from 
and after its passage. 

An Act to enforce the educational rights of children. 
[Approved March 28, 1874.] 

Tlie People of the State of California, repi'esented in Senate 
and Assembly, do enact as follows: 
Section 1. Every parent, guardian, or other person, in 
the State of California, having control or charge of any 
child or children between the ages of eight and fourteen 
years, shall be required to send any such child or children 
to a public school for a period of at least two-thirds of the 
time during which a public school shall be taught in such 
city, or city and county, or school district, in each school 
year, commencing on the first day of July, in the year of 
our Lord one thousand eight hundred and seventy-four, at 
least twelve weeks of which shall be consecutive, unless 
such child or children are excused from such attendance 
by the Board of Education of the city, or city and county, 
or of the Trustees of the school district in which such 
parents, guardians, or other persons reside, upon it being 
shown to their satisfaction that his or her bodily and men- 



220 SCHOOL LAW. 

tal condition has been such as to prevent attendance at 
school or application to study for the period required, or 
that the parents or guardians are extremely poor or sick, 
or that such child or children are taught in a private 
school, or at home, in such branches as are usually taught 
in the primary schools of this State, or have already ac- 
quired a good knowledge of such branches; provided, in 
case a public school shall not be taught for three months 
during the year within one mile, by the nearest traveled 
road, of the residence of any person within the school dis- 
trict, he shall not be liable within the provisions of this 
Act. 

Sec. 2. It shall be the duty of the President of each 
Board of Education, and of the Clerk of each Board of Dis- 
trict Trustees in the State of California, to cause to be 
posted three notices of this law in the most public places 
in the city, or city and county, or in the school district, or 
published in one newspaper tiierein for three weeks, in the 
month of June, in each year, the expenses of such publi- 
cation to be paid out of the School Fund of such city, or 
city and county, or school district, as the case may require. 

Sec. 3. In case any parent, guardian, or other person 
shall fail to comply with the provisions of this Act, said 
parent, guardian, or other person shall be deemed guilty 
of a misdemeanor, and shall be liable to a fine of not more 
than twenty dollars; and for the second and each subse- 
quent offense the fine shall not be less than twenty dollars 
nor more than fifty dollars; and the parent, guardian, or 
other person so convicte.i shall pay all costs. Each such 
fine shall be paid to the Clerk of the proper Board of Edu- 
cation, or of the District Trustees. 

Sec. 4. And it shall be the duty of the Clerk of each 
Board of Education and of each Board of Trustees, on 
the complaint of any teacher or taxpayer, to prosecute all 
offenses occurring under the provisions of this Act; and 
any Clerk neglecting to prosecute such oflFense within ten 
days after a written notice has been served on him by any 
teacher or taxpayer within the limits or authority of said 
Board, unless the person so complained of shall be excused 
by the proper School Board, shall himself be liable to a 
fine of not less than twenty dollars nor more than fifty 
dollars, which fine shall be prosecuted for in the name of 
the people of the State of California, and the tine so col- 



SCHOOL LAW. 221 

lectecl shall be paid over to the Clerk of the Board of Edu- 
cation or Trustees of the proper city, or city and county, 
or school district, to be accounted for as in section three 
of this Act; and in case such prosecution fail, the expenses 
thereof shall be paid out of the School Fund of the city, or 
city and county, or school district in which the case arose. 

Sec. 5. And it shall be the duty of the Census Marshal 
to furnish each Board of Education and of District Trustees 
with a complete list of all children living within the juris- 
diction of said Board, and to note on such lists all children 
not attending colleges, college scliools, private schools, or 
being taught at home, who are liable to the provisions of 
this Act; and each teacher teaching within the limits of 
the jurisdiction of such Board shall be supplied with a list 
of all children within his or her department or school, and 
shall call such list each morning on the opening of school, 
and note the absentees, and the reason of such absence, if 
any, and, at the close of each term of twelve weeks, shall 
make a full report to the Board of Education, or of Dis- 
trict Trustees, of all such cases of absence, with the names 
both of children and parents, guardians, or other persons 
having such children in charge, and said Board shall there- 
upon forthwith proceed to prosecute such parents, guard- 
ians, or other persons, according to the provisions of this 
Act. 

Sec. 6. And whereas the State has provided an institu- 
tion for the gratuitous instruction of all resident deaf, 
dumb, or blind children between the ages of six and 
twenty-one years, every parent or guardian of any child 
or children afflicted with deafness or blindness shall be 
required, under the penalties hereinbefore specified, to 
send such child or children to said institution for a period 
of not less than five years, unless such child or children 
shall have been excused by the authorities, and on the 
grounds specified in section one of this Act. 

Sec. 7. Any Justice of the Peace of the proper city, or 
city and county, or school district, shall have jurisdiction 
of all offenses committed under the provisions of this Act. 

Sec. 8. This Act shall be in force and effect from and 
after the first day of July, eighteen hundred and seventy- 
four. 



222 SCHOOL LAW. 

An Act providing for the removal of civil officers for a 

violation of official duties. 

[Approved March 30, 1874.] 

Tlie People of the State of California, represented in Senate 
and Assembly, do enact asfolloivs: 

Section 1. Any member of any Board of Directors, 
Board of Commissioners, or other Board of officers, State, 
citj^ county, or district, or other person who has been 
elected or appointed, or who shall hereafter be elected or 
appointed to hold, control, build, or manage any public 
building of this State, or of any county, city, or city and 
county in this State, or to hold, control, manage, or dis- 
burse any of the public funds of this State, or of any 
county, city, or city and county in this State, or any per- 
son acting by, through, or under the authority of any such 
Board of Directors, Board of Commissioners, or other Board 
of officers, or other person, as aforesaid, or any other 
officer in the State who shall be guilty of a willful viola- 
tion of any of the provisions of the statute under which 
he or they were or may be hereafter elected or appointed, 
or of any other statute or statutes of this State, prescribing 
or defining their duties and powers, or passed for their 
government and control, or who shall be guilty of any 
willful violation of official duty, shall be deprived of his 
office and otherwise punished, in accordance with the pro- 
visions of section two of this Act. 

Sec. 2. Whenever any complaint in writing, duly veri- 
fied by the oath of any complainant, shall be presented to 
the District Court, alleging that any of the officers, or 
other persons referred to in section one of this Act, have, 
within the jurisdiction of said Court, been guilty of a vio- 
lation of the provisions of said section, or of^ any^other 
statute or statutes of this State which have been or may 
hereafter be passed for their government and control, or 
prescribing or defining their duties and powers, it shall be 
the dut}'^ of said Court to cite the party or parties charged 
to appear before him on a certain day, not more than ten 
nor less than five days from the time when said complaint 
shall be presented, and on that day, or some subsequent 
day, not more than twenty days from that on which said 
complaint is presented, shall proceed to hear, in a sum- 
mary mannei', the complaint and evidence ofiered in sup- 



SCHOOL LAW. 223 

port of the same, and the evidence offered by the party or 
parties complained of; and if, on such hearing, it shall ap- 
pear that the charge or charges contained in said com- 
plaint are sustained, the Court shall enter a decree that 
said party or parties complained of shall be deprived of his 
or their office or position, and shall enter judgment for 
one hundred dollars in favor of the complainant, and for 
such costs as are allowed in civnl cases. 

Sec. 3. This Act shall not be construed to repeal or im- 
pair the provisions of any other Act concerning officers in 
force at the time of the passage hereof, but shall be con- 
strued to be a cumulative remedy for the enforcement of 
official duty, and not otherwise. 

Sec. 4. This Act shall take effect and be in force from 
and after its passage. 



An Act to 'prevent discrimination against female teachers. 

[Approved March 30, 1874] 
Tlie People of the State of California, represented in Senate 
and Assembly, do enact as folloir-'i : 
Section 1. Females employed as teachers in the public 
schools of this State shall, in all cases, receive the same 
compensation as is allowed to male teachers for like ser- 
vices, when holding the same grade certificates. 

Sec. 2. This Act shall take effect and be in force from 
and after its passage. 



An Act to continue in force school teacliers' certificates. State 

educational diplomas, and life diplomas. 

[Approved April 5, 1880.] 

The People of the State of California, represented in Senate 

and Assembly, do enact asfolloivs: 

Section 1. All teachers' city, cit}^ and county, county, 

and State certificates. State educational diplomas, life 

diplomas, and all other teachers' certificates and diplomas 

issued in the State of California, under and in pursuance 

of the laws thereof, on or before the thirty- first day of 

December, A. D, eighteen hundred and seventj^-nine, shall 

be and the same are hereby continued in full force and 

effect, and shall be deemed valid for all purposes, and to 

the full extent of time that the same were, and were in- 

8 



224 SCHOOL LAW, 

tended respectively to be, under the said laws, on or be- 
fore the said thirty-first day of December, A. D. eighteen 
hundred and seventy-nine. 

Sec. 2. This Act shall take effect from and after its passage 



An Act to provide for the disposal of moneys remaining in 
the building fund of amj school district, after all bonds 
and indebtedness shall have been paid and liquidated, 
ar'ising from the construction of school buildings. 
[Approved March 13, 1883.] 
The People of the State of California, represented in Senate 
and Assembly, do enact asfollorvs: 
Section 1. All moneys that have been or shall be 
raised by special tax, for the purpose of erecting school 
buildings, that shall remain in the hands of the County 
Treasurer after all bonds that have been or may be issued 
on account of such buildings shall have been redeemed, 
and all other indebtedness arising on account of such 
buildings shall have been liquidated, shall be placed in the 
County School Fund of the school district for which 
such moneys were raised, subject to the order of the 
Trustees of said district. 



An Act to encourage and provide for a general vaccination 

in the State of California. 

[Approved February 20, 1889.] 

The People of the State of California, represented in Senate 

and Assembly, do enact asfolloivs: 

Section 1. The Trustees of the several common school 
districts in this State, and Boards of common school gov- 
ernment in the several cities and towns, are directed to 
exclude from the benefits of the common schools therein, 
any child or any person who has not been vaccinated, 
until such time when said child or person shall be success- 
fully yeiccma.ted; 2^rovided, that any practicing and licensed 
physician may certify that the child or person has used 
due diligence and cannot be vaccinated so as to produce a 
successful vaccination, whereupon such child or person 
shall be excepted from the operation of this Act. 

Sec. 2. The Trustees or local Board, annually, or at 
such special times to be stated by the State Board of 
Health, must give at least ten days' notice, by posting a 



SCHOOL LAW. 225 

notice iu two or more public or conspicuous places within 
their jurisdiction, that provision has been made for the 
vaccination of any child of suitable age who may desire to 
attend the common schools, and whose parents or guard- 
ians are pecuniarily or otherwise unable to procure vac- 
cination for such child. 

Sec. 3. The said Trustees or Board must, within sixty 
days after the passage of this Act, and every year there- 
after, ascertain the number of children or persons in their 
respective school districts or subdivision of the city school 
government being of an age suitable to attend common 
schools, who have not been already vaccinated, and make 
a list of the names of such children or persons. It also 
shall be the duty of said Trustees or Board to provide, for 
the vaccination of all such children or persons in their re- 
spective school districts, a good and reliable vaccine virus 
wherewith to vaccinate such children or persons who have 
not been vaccinated. And when so vaccinated to give a 
certificate of vacciuatioii, which certificate shall be evi- 
dence thereof for the purpose of complying with section one. 

Sec. 4. The necessary expenses incurred by the pro- 
visions of this Act shall be paid out of the common school 
moneys apportioned to the district, city, or town. And if 
there be not sufficient money, the Trustees must notify 
the Board of Supervisors of the amount of money neces- 
sary, and the Board must, at the time of levying the 
county tax, levy a tax on the taxable property in the dis- 
trict sufficient to raise the amount needed. The rate of 
taxation is ascertained by deducting fifteen per cent, for 
delinquencies from the assessment, and the rate must be 
based upon the remainder. The tax so levied must be 
computed and entered upon the assessment roll by the 
County Auditor, and collected at the same time and in the 
same manner as State and county taxes, and when col- 
lected shall be paid into the County Treasury for the use 
of the district. 

Sec. 5. The Trustees of the several school districts of 
this State are hereby required to include in their annual 
report, and report to the Secretary of the State Board of 
Health, the number in their several districts between the 
ages of five and seventeen years who are vaccinated and 
the number unvaccinated. 

Sec. 6. This Act shall take efifect immediately. 



226 .'SCHOOL LAW. 



ACT RELATIVE TO ISSUE OF BONDS BY SCHOOL 
DISTRICTS. 



[Approved March 23, 1893.] ^ 

The Peo2)le of the State of California, represented in Senate 
and Assembly, do enact as foUoios : 

Section 1. The Board of Education of any school dis- 
trict in a city of the fifth class, or of any school district 
which embraces territory, a portion of which is without 
such city of the fifth class, may, when in their judgment 
it is advisable, and must, when requested by the Board of 
Trustees of such city, call an election and submit to the 
electors of the district whether the bonds of such district 
shall be issued and sold for the purpose of raising money 
to purchase school lots, and for building or purchasing one 
or more school-houses, and supplying the same with fur- 
niture, necessary apparatus, and improving the grounds, 
and for liquidating any indebtedness already incurred for 
such purposes. 

Sec. 2. Such election must be called by posting notices, 
signed by the Board of Education, in three of the most 
public places in the district, for not less than twenty days 
before the election, and by publishing such notices, in 
some newspaper published in such city, not less than once 
a week for three successive weeks. 

Sec. 3. Such notices must contain : 

1. The time and place of holding such election. 

2. The names of one Inspector and two Judges in each 
voting precinct in said district, to conduct the same. 

3. The hours during the day, not less than six hours, in 
which the polls will be open. 

4. The amount and denomination of the bonds, the rate 
of interest, and the number of years, not exceeding ten, 
the whole or any part of said bonds are to run. 

Sec. 4. Such election shall be held, in all respects as 



SCHOOL LAW. 2-27 

nearly as practicable, in conformity with the general elec- 
tion law ; provided, that no particular form of ballot shall 
be required, excepting that the words to appear on the 
ballots, which shall be "Bonds — Yes," or " Bonds — No ;" 
nor shall any informalities, not amounting to fraud in con- 
ducting such election, invalidate the same. 

Sec. 5. On the seventh day after said election, at one 
o'clock p. M., the returns having been made to the Board 
of Education, the Board must meet and canvass said 
returns, and if it appears that two-thirds of the votes cast 
at-said election were in favor of issuing such bonds, then 
the Board shall cause an entry of that fact to be made 
upon its minutes, and shall certify to the Board of Super- 
visors of the county in which said district is located, the 
proceedings had in the premises ; and thereupon said 
Board of Supervisors shall be and they are hereby author- 
ized and directed to issue the bonds of such district to the 
number and amount provided in such proceedings, payable 
out of the Bond Fund of such district (naming the same), 
and that the money shall be raised by taxation upon the 
taxable property in said district for the redemption of 
said bonds, and the payment of the interest thereon ; pro- 
vided, that the total amount of bonds so issued shall not 
exceed five per cent of the taxable property of the district, 
as shown by the last equalized assessment of the property 
in such school district. 

Sec. G. The Board of Supervisors, by an order entered 
upon its minutes, shall prescribe the form of said bonds, 
and of the interest coupons attached thereto, and must 
fix the time when the whole or any part of the principal 
of said bonds shall be payable, which shall not be more 
than ten years from the date thereof. 

Sec. 7. Said bonds must be payable in gold coin of the 
United States, must be signed by the President of the 
Board of Supervisors and countersigned by the Clerk of 
the county, who must affix the county seal thereto ; must 
not bear a greater rate of interest than eight per cent, 
said interest to be payable semi-annually in like gold coin, 
and said bonds must be sold in the manner prescribed by 
the Board of Supervisors, but for not less than par, in 
gold coin of the United States, and the proceeds of the 
sale thereof must be deposited in the County Treasury to 
the credit of the Building Fund of said school district. 



22S SCHOOL LAW, 

and be drawn out for the purpose aforesaid, as other school 
moneys are drawn out. 

Sec. 8. The Board of Supervisors, at the time of making 
the levy of taxes for county purposes, must levy a tax for 
that year upon the taxable property in such district for 
the interest and redemption of said bonds, and such tax 
must not be less than sufficient to pay the interest on said 
bonds for that year, and such portion of the principal as 
is to become due during such year, and in any event must 
be high enough to raise annually, for the first half of the 
term said bonds have to run, a sufficient sum to pay the 
interest thereon, and during the balance of the term high 
enough to pay such annual interest, and to pay annually 
a proportion of the principal of said bonds equal to a sum 
produced by taking the whole amount of said bonds out- 
standing and dividing it by the number of years said bonds 
then have to run ; and all moneys so levied, when col- 
lected, shall be paid into the County Treasury to the 
credit of the Building Fund of such district, and be used 
for the payment of principal and interest on said bonds, 
and for no other purpose. The principal and interest on 
said bonds shall be paid by the Count}^ Treasurer, upon 
the warrant of the Auditor, out of the fund provided 
therefor ; and it shall be the duty of the Auditor to cancel 
and tile with tlie Treasurer the bonds and coupons as rap- 
idly as they are paid. 

Sec. 9. If the Board of Supervisors of any county in 
which any school district has issued bonds under the pro- 
visions of this Act shall fail to make the levy necessary 
to pay such bonds or interest coupons at maturity, and 
the same shall have been presented to the County Treas- 
urer, and the payment thereof refused, the owner may tile 
the bonds, together with all unpaid coupons, with the 
State Controller, taking his receipt therefor, and the same 
shall be registered in the State Controller's office ; and 
the State Board of Equalization shall, at their next session, 
and at each annual equalization thereafter, add to the 
State tax to be levied in said district a sufficient rate to 
raise the amount of principal and interest past due prior 
to the next levy, and the same shall be levied and col- 
lected as a part of the State tax, and paid into the State 
Treasury, and passed to the special credit of such district 
bond tax, and shall be paid by warrants, as the payments 



SCHOOL LAW. 229 

mature, to the holder of such registered obligations, as 
shown by the register in the office of the State Controller, 
until the same shall l)e fully satisfied and discharged ; any 
balance then remaining shall be transmitted to the Treas- 
urer of the county in which is situated the district by 
which such bonds were issued, and shall be placed by the 
County Treasurer to the credit of the General School 
Fund of said district. 

Sec. 10. The Act approved March thirty-first, eighteen 
hundred and ninety-one, entitled " An Act to enable cities 
of the fifth class to issue bonds for the purpose of raising 
money to purchase school lots, and for building or pur- 
chasing one or more school houses and supplying the same 
with furniture, necessary apparatus, and improving the 
grounds, and for liquidating any indebtedness already 
incurred for such purposes," is hereby repealed. 

Sec. 11. This Act shall take effect and be in force from 
and after its passage. 



230 SCHOOL LAW. 



MANAGEMENT OF SCHOOLS. 



RULES AND REGULATIONS OF THE PUBLIC SCHOOLS OF 
CALIFORNIA. 



[Adopted by the State Board of Education, in accordance with sub- 
division one of section fifteen hundred and twenty-one of the 
Political Code, and required to be enforced in all public schools, 
according to subdivision one of section sixteen hundred and 
ninety-six of the Political Code.] 

Section 1. Teachers are required to be present at their 
respective school-rooins, and to open them for the admis- 
sion of the pupils, at fifteen minutes he/ore the time pre- 
scribed for commencing schools, and to observe punctually 
the hours for opening and closing school. 

Sec. 2. Unless otherwise provided by special action of 
Trustees or Boards of Education, the daily school session 
shall commence at nine o'clock a. m. and close at four 
o'clock p. M., with an intermission at noon of one hour, 
from twelve M. to one o'clock p. m.. There shall be al- 
lowed a recess of twenty minutes in the forenoon session — 
from ten-forty to eleven o'clock— and a recess of twenty 
minutes in the afternoon session — from two-forty to three 
o'clock. When boys and girls are allowed separate recesses, 
fifteen minutes shall be allowed for each recess. 

Sec. 3. Jn graded primary schools in which the average 
age of the pupils is eight years, the daily session shall not 
exceed four hours a day, exclusive of the intermission at 
noon, and inclusive of the recesses. If such schools are 
opened at nine o'clock A. M., they shall be closed at two 
o'clock p. M. In ungraded schools, all children under 
eight years of age shall be either dismissed, after a four 
hours' session, or allowed recesses, for play, of such length 
that the actual confinement in the school-room shall not 
exceed three hours and a half. 

Sec. 4. No pupil shall be detained in school during the 
intermission at noon, and a pupil detained at any recess 



SCHOOL LAW. 231 

shall be permitted to go out immediately thereafter. All 
pupils, except those detained for punishment, shall he re- 
quired to pass out of the school-rooms at recess, unless it 
would occasion an exposure of health. 

Sec. 5. Principals shall be held responsible for the gen- 
eral management and discipline of their schools, and the 
studies pursued ; and the assistant teachers shall follow 
their directions, and co-operate with them, not only dur- 
ing school hours, but during the time when the pupils are 
on the school premises, before and after school, and during 
recesses. Assistants shall be held responsible for the 
studies, order, and discipline of their own room.s, under 
the general direction of the Principals. 

Sec. 6. Teachers are particularly enjoined to devote 
their time faithfully to a vigilant and watchful care over 
the conduct and habits of the pupils during the time for re- 
laxation and play, before and after school, and during the 
recesses, both in the school buildings and on the play- 
grounds. 

Sec. 7. It is expected that teachers will exercise a gen- 
eral inspection over the conduct of scholars going to and 
returning from school. They shall exert their influence to 
prevent all quarreling and disagreement, all rude and 
noisy behavior in the streets, all vulgar and profane lan- 
guage, all improper games, and all disrespect to citizens 
and strangers. 

Sec. 8. Teachers shall prescribe such rules for the use 
of yards, basements, and outbuildings connected with the 
school-houses, as shall insure their being kept in a neat 
and proper condition, and shall examine them as often as 
may be necessary for such purpose. Teachers shall he held 
responsihle for any want of neatness or cleanliness about 
their school premises. 

Sec. 9. Teachers shall give vigilant attention to the ve7i- 
tilation and temperature of their school-rooms. At each 
recess the windows and doors shall be opened for the pur- 
pose of changing the atmosphere of the room. Teachers 
are required to exercise reasonable supervision over the 
text-books of the pupils, to inspect the same from time to 
time, and prevent their defacement or wanton destruction. 

Sec. 10. Teachers shall enter in the school register, in 
the order of their application, the names of all those ap- 
plying for admission to the school after the prescribed 



232 SCHOOL LAW. 

number of pupils has been received. Such applicants 
shall be admitted to seats whenever a vacancy occurs in 
any class for which the}^ have been found duly qualified, 
in the order of their registration. 

Sec. 11. Teachers are authorized to require excuses from 
the parents or guardians of pupils, either in person or by 
written note, in all cases of absence or tardiness, or of dis- 
missal before the close of school. 

Sec. 12. No person shall be allowed to retain connection 
with any public school, unless furnished ivith books, slates, 
and other utensils required to be used in the class to which 
he belongs ; proimled, that no pupil shall be excluded for 
such cause, unless the parent or guardian shall have been 
furnished by the the teacher with a list of books or articles 
needed, and one week shall have elapsed after such notice 
without the pupil obtaining said books. Books may be 
furnished to indigent children by the Trustees, at the ex- 
pense of the district, whenever the teacher shall have cer- 
tified in 9vriti7ig that the pupil applying is unable to pur- 
chase such books. 

Sec. 13. Any pupil who shall in any way cut or other- 
wise injure any school-house, or injure any fences, trees, 
or outbuildings belonging to any of the school estates, or 
shall write any profane or obscene language, or make any 
obscene pictures or characters on the school premises, 
shall be liable to suspension, expulsion, or other punish- 
ment, according to the nature of the offense. The teacher 
niaji suspend a pupil temporarily for such offense, and shall 
notifii the Trustees of said action. Pupils shall not be al- 
lowed to remain in any of the rooms that are provided 
with improved styles of furniture, except in the presence 
of a teacher, or a monitor who is made especially respon- 
sible for the care of the seats and desks. AH damage done 
to school property by any of the jiupils shall be repaired 
at the expense of the party committing the trespass. 
Within one week of any damage to school property, 
teachers shall notify the Trustees, or be held personally 
responsible. 

Sec. 14. All pupils who go to school without proper at- 
tention having been given to personal cleanliness, or neat- 
ness of dress, shall be sent home to be properly prepared 
for school, or shall be required to prepare themselves for 



SCHOOL T,AW. 233 

the school-room before entering. Every school-room shall 
he provided with a wash basin, soap, and towels. 

Sec. 15. No pupils affected with any contagious disease 
shall be allowed to remain in any of the public schools. 

Sec. 16. The books used and the studies pursued shall 
be such, and such, onlt/, as may be authorized by the local 
Board of Education ; and no teacher shall require or ad- 
vise any of the pupils to purchase for use in the schools 
any book not contained in the list of books directed and 
authorized to be lased in the schools. 

Sec. 17. It shall be the duty of the teachers of the 
schools to read to the pupils, from time to time, so much 
of the school regulations as apply to them, that they may 
have a clear understanding of the rules by which they are 
governed. 

Sec. 18. In all primary schools, exercises in free calis- 
thenics and vocal and breathing exercises shall be given at 
least twice a day, and for a time not less than from three 
to five minutes for each exercise. 

Sec. 19. The following supplies shall be provided by 
the District Clerk under the provisions of section one 
thousand six hundred and fifty-one of the Political Code, 
on the written requisition of the teachers, viz. : Clocks, 
brooms, dusting brushes, wash basins, water buckets, tin 
cups, dustpans, matches, ink, ink bottles, pens, pen- 
holders, pencils, crayon chalk, writing and drawing paper, 
hand bells, coal buckets or wood boxes, shovels, pokers, 
soap, towels, thermometers, door mats, and scrapers. 

Sec. ^. Trustees are required to employ a suitable per- 
son to sweep and take care of the school-house, and they 
shall make suitable provision for supplying the school 
with water. (See Section 1617, Subdivision 7.) In the 
case of the failure of the Trustees to employ a janitor, as 
provided for in section sixteen hundred and seventeen, 
subdivision seventh, of this Code, the County Superinten- 
dent shall appoint a janitor, who shall be paid out of the 
School Fund of the district. (See Section 1543, Subdivi- 
sion 12.) 

Sec. 21. It shall be the duty of teachers to report to 
the County Superintendent the books used in their schools, 
together with the number of pupils in the several divisions 
of each grade. This report must be made at the begin- 



234 SCHOOL LAW. 

ning and close of each school session or year. (See, also, 
Section 1696, Subdivisions 5 and 6.) 

Sec. 22. The District Clerk, at the close of each term 
of school, or whenever a teacher is discharged, shall cer- 
tify on the back of the order for the last month's salary 
that the State School Register has been properly kept. 



EULES FOR PUPILS. 

1. Every pupil is expected to attend school punctually 
and regularly; to conform to the regulations of the school, 
and to obey promptly all the directions of the teachers ; 
to observe good order and propriety of deportment ; to 
be diligent in study, respectful to teachers, and kind and 
obliging to schoolmates ; to refrain entirely from the use 
of profane and vulgar language, and to be clean and neat 
in person and clothing. 

2. Pupils are required, in all cases of absence, to bring, 
on their return to school, an excuse, in writing, from their 
parents or guardians, assigning good and sufficient reasons 
for such absence. 

3. All pupils who have fallen behind their grades, by 
absence or irregularity of attendance, by indolence or in- 
attention, shall be placed in the grade below, at the dis- 
cretion of the teacher. 

4. No pupil shall be permitted to leave school at recess, 
or at any other time before the regular hour for closing 
school, except in case of sickness, or on written request of 
parent or guardian. 

5. Any scholar who shall be absent one week without 
giving notice to the teacher, shall lose all claim to his par- 
ticular desk for the remainder of the term, and shall not 
be considered a member of the school. 

6. Each scholar shall have a particular desk, and shall 
keep the same and the floor beneath in a neat and orderly 
manner. 

INSTRUCTIONS TO TEACHERS. 

1. Teachers will endeavor to make themselves acquainted 
with parents and guardians, in order to secure their aid 
and co-operation, and to better understand the temper- 
aments, characteristics, and wants of the children. 



SCHOOL LAW. 235 

2. Teachers shall dail}^ examine the lessons of their va- 
rious classes, and make such special preparations upon 
them, if necessary, as not to be constantly confined to the 
text-book ; and instruct all their pupils, without partial- 
ity, in those branches of school studies which their various 
classes may be pursuing. In all their intercourse with 
their scholars they are required to strive to impress on 
their minds, both by precept and example, the great im- 
portance of continued efforts for improvement in morals 
and manners, and deportment, as well as in useful learn- 
ing. 

3. Teachers should explain each new lesson assigned, if 
necessar}^, by familiar remarks and illustrations ; that 
every pupil may know, before he is sent to his seat, what 
he is expected to do at the next recitation, and how. it is 
to be done. 

4. Teachers should only use the text-book for occasional 
reference, and should not permit it to be taken to the 
recitation, to be referred to by the pupils, except in cases 
of such exercises as absolutely require it. They should 
assign many questions of their own preparing, involving 
an application of what the pupils have learned to the busi- 
ness of life. 

5. Teachers should endeavor to arouse and affix the at- 
tention of the whole class, and to occupy and to bring into 
action as many of the faculties of the pupils as possible. 
They should never proceed with the recitation without 
the attention of the whole class, nor go round the class 
with recitations always in the same order or in regular 
rotation. 

6. Teachers should at all times exhibit proper animation 
themselves, manifesting a lively interest in the subject 
taught; avoid all heavy, plodding movements, all formal 
routine in teaching, lest the pupil be dull and drowsy, and 
imbibe the notion that he studies only to recite. 



DISTRICT LIBRARIES. 

The Library Fund is deducted from the County School 
Fund annually apportioned to districts and cities, in ac- 
cordance with sections one thousand seven hundred and 



236 SCHOOL I-AW. 

thirteen and one thousand seven hundred and fourteen of 
the Political Code. 

Boards of Trustees and of Education must expend this 
fund in the purchase of apparatus, and of such books only 
as are adopted by the County Boards of Education, and 
foi^ no other purpose ichatever. 

The Library Fund is sutficient to create the nucleus of 
a library, which, if judiciously chosen and protected, can- 
not fail to add greatly to the intellectual resources of the 
district. 

Every district library should provide itself with a suit- 
able bookcase and Librarian's book ; the school teacher 
should act as Librarian during the school term, and a 
report of the condition and wants of the library should 
accompany each annual report. 

Every district library should contain a bound copy of 
the school law, the reports of the State Superintendent of 
Public Instruction, and a school record book, to be kept 
permanentl}^ in the library, containing the names of school 
officers and teachers, the names and standing of scholars, 
with notices by teachers or pupils of any memorable inci- 
dents in the history of the school.* 

Those districts which already have a fair collection will 
do well to purchase sets of standard authors. As a gen- 
eral rule, however, the aim should be to make the library 
do the greatest good to the greatest number. We advise 
that the first purchase should be of books of reference only, 
which are to the scholar what the railroad guide is to the 
traveler. Next to knowing a tldng is knowing where to 
find what is known about it ; and books of reference, 
though they seem costly, are the most valuable and the 
cheapest for small libraries. 



RULES FOR DISTRICT LIBRARIES. 

1. The Librarian appointed by the Trustees shall prop- 
erly label and number each book in the district library, 
and keep a catalogue of the same, showing the title and 
number of each book. 

* Superintendents will cheerfully give any desired assistance to 
District Trustees in making selections. 



8C1I0OL hAW. 237 

2. The library shall be open for tl rawing and returning 
books [here insert such time as may be determined by the 
Trustees and Librarian]. 

3. Every child attending school shall be entitled to the 
privileges of the library ; but when the number of the 
books is insufficient to supply all the pupils, the Libra- 
rian shall determine the manner in which books may be 
drawn. 

4. No person shall be entitled to two books from the 
library at the same time, and no family shall draw more 
than one book while other families wishing books remain 
unsupplied. 

5. No person shall loan a library book to any one out 
of his own house, under a penalty of fifty cents for each 
ofiFense. 

6. No person shall retain a book from the library more 
than two weeks, under a penalty of ten cents for each day 
he may so retain it ; and no person may draw the same 
book a second time while any other person wishes to draw 
it. 

7. Any person losing or destroying a library book shall 
pay the cost of such book and a fine of fifty cents; and 
any person injuring a book by marking, tearing, or unnec- 
essarily soiling it, shall be liable to a tine of not less than 
ten cents nor more than the cost of the book, to be deter- 
mined by the Librarian. 

8. Any person refusing or neglecting to pay any penalty 
or fine shall not be allowed to draw any book from the 
library. 

9. The Librarian shall report to the Trustees, quarterly, 
the amount of fines imposed and collected, and the amount 
received for membership dues ; and all moneys accruing 
from these sources shall be expended for the purchase or 
repair of books. 

10. Any person, other than pupils attending, resident 
in the school district, may become entitled to the privi- 
leges of the school library by the payment of an admis- 
sion fee of one dollar and a monthly membership of 
twenty -five cents. 

11. Any person resident in the district who shall pay 
to the Trustees the sum of ten dollars shall be entitled to 
a life membership privilege of the library. 

12. The Librarian shall report, annually, to the District 



238 .SCHOOL LAW. 

Clerk, on or before the first day of July, the number and 
condition of books in the library, the number and titles of 
books received by donation, the number and titles of 
books purchased, the amount of State School Library 
Fund expended, and the amount derived from fines and 
membership fees. 

It is the duty of the Clerk of each Board of District 
Trustees and the Secretary of each Board of Education to 
place each number of the official educational journal in 
the school library of his district on or before the end of 
the month in which such number was issued. 

Note — Each library book must be stamped with the official dis- 
trict stamp. (See Section 1712, Subdivision 2, School Law.) 



SUPREME COURT DECISIONS. 



1. No statute should be so construed as to give it a ret- 
rospective effect to divest the rights of individuals vested 
previous to its passage, or previous to the time the Act 
took effect, unless such intention be expressed in terms. 

Thorn v. San Francisco, 4 Cal., 127. 

2. When an officer is elected to a new term, he should 
give a new bond. 

The People v. Aikenhead, 5 Cal., 106. 

3. The sureties on the bond of an officer for one term 
will not be liable for any act done by him after election 
to a second term. 

The People v. Aikenhead, 5 Cal., 106. 

4. A resignation is effective without its acceptance by 
the appointing power. 

The People v. Porter, 6 Cal., 26. 

5. The power to remove an officer is an incident to the 
power to appoint, as a general proposition, and is made so 
expressly bv the Constitution. 

People V. Hill, 7 Cal., 97. 

6. The rule is well settled that the mere receiving and 
counting votes, improperly given, will not invalidate an 
election. 

Whitney v. McKune, 12 Cal., 352. 

7. The fact that the candidate receiving the highest 
number of votes at an election by the people is ineligible, 
does not give the office to the next highest on the list. 

Saunders v. Haynes, 13 Cal., 145. 

8. Where the statute confers on an officer power to ap- 
point a deputy, but does not prescribe the duties of the 
deputy, the deputy has full power to do any and all acts 
which his principal may perform bv virtue of his office. 

Muller V. Boggs, 25 Cal., 175. 



240 SUPREME COURT DECISIONS. 

9. The Legislature of this State has no power to author- 
ize electors to give their votes at any place outside of the 
county or district in which they have had a legal residence 
for thirty days previous to the election. 

Bourland v. Hildreth, 26 Cal., 161. 

10. When an elector moves his family to a county witli 
the intention of residing thei-e, that is the county where 
he should vote, while his family remains there, although 
he passes his time and works in an adjoining county. 

People V. Holden, 28 Cal., 123. 

11. The thirty days' residence in a county to entitle an 
elector to vote must be ascertained by excluding the day 
of election. 

People V. Holden, 28 Cal., 123. 

12. The incumbent of an office created by the Legisla- 
ture, who has been elected or appointed to the same, not- 
withstanding the expiration of the term for which he was 
elected or appointed, continues to hold the office until a 
successor has been duly elected or appointed. 

People V. Stratton, 28 Cal., 382. 

13. An alien cannot hold office in this State. 
Walter v. Robolt, 30 Cal., 185. 

14. Whenever the word "month" is used in the Con- 
stitution and laws of this State, wdthout any qualification, 
a calendar and not a lunar month is intended. 

Sprague v. Norway, 31 Cal., 173. 

15. Whenever the Legislature of this State raises a 
fund, by taxation or otherwise, for the support of common 
schools, any contemporaneous or subsequent legislation, 
having for its object the diversion of such fund to any 
other purpose, is in contravention of the second section of 
Article IX of the State Constitution, and is void. 

Crosby v. Lyon, 37 Cal., 242. 

16. The clause of Section 2, Article IX, of the Consti- 
tntion, which provides " * * * and such other means 
as the Legislature may provide, shall be inviolably appro- 
priated to the support of schools throughout the State," 
includes as such " 7/2ea??s " any fund arising from annual 
taxation for school purposes, levied under general laws 
passed for that purpose. 

Crosby v. Lyon, 37 Cal, 242. 



SUPREME COtRT DECISIONS. 241 

17. A statute having the effect to exempt the taxable 
property of a railroad company in any county from the 
payment of a school tax lawfully levied upon the taxable 
property within such county, is in contravention of Sec- 
tion 13, of Article XI, of the Constitution, which provides 
that "taxation shall be equal and uniform throughout the 
State," and so far is void. 

Crosby v. Lyon, 37 Cal., 242. 
IS. When the term of an officer expires, and the law or 
the Constitution authorizes him to hold over until his suc- 
cessor is elected and qualified, the old incumbent is author- 
ized to discharge the duties of the office until a qualified 
successor presents himself, who has been elected by the 
body upon which the power of election is devolved. 

People v. Tilton, 37 Cal., 614. 

19. When a statute does not designate the particular 
officer by whom a required oath may be administered and 
certified, it may be taken before any officer having general 
authority to administer and certify oaths. 

Dunn V. Ketchum, 38 Cal., 93. 

20. A tax for school purposes can only be levied after 
the question has been submitted to the qualified electors 
of the district, in the manner pointed out by the statute. 

People V. Castro, 39 Cal. , 65. 

21. If the Principal of a public graded school refuses to 
receive a child into the school for a reason which is not 
good law, but there is a good legal reason for the refusal, 
the Principal, on mandamus to compel him to admit such 
child, will not be precluded from relying on the true 
reason why the child should have been refused admittance. 

Ward V. FloQd, 48 Cal., 36. 

22. A Principal of a public school may refuse a child 
admission as a scholar, provided such child has not suffi- 
cient education to enter the lowest grade of such school. 

Ward V. Flood, 48 Cal., 36. 

23. The privilege accorded to a child of attending the 
public schools is not a privilege appertaining to a citizen 
of the United States as such, nor can any person demand 
admission into such schools on the mere status of citizen- 
ship. 

Ward V. Flood, 48 Cal., 3G. 



242 SUPREME COURT DECISIONS. 

24. The opportunity of instruction in public schools, 
given by the statute to the youth of the State, is in obe- 
dience to the special command of the State Constitution, 
and the privilege thereby granted is a legal right, as much 
so as a vested rigid in property. 

Ward V. Flood, 48 Cal., 36. 

25. A contract made in violation of law is void, and no 
damages can be recovered for its non-fulfillment. 

McCullough V. Board of Ed., 51 Cal., 418. 

26. The office of School Superhitendent of a county is a 
civil office Avithin the meaning of Section 21 (Section 20 of 
the new Constitution), Article IV, of the Constitution of 
the State. 

Crawford v. Dunbar, 52 Cal., 36. 

27. The candidate for an office who does not receive a 
majority or a plurality of the votes is not elected because 
the opiDOsing candidate who did receive a majority or plu- 
rality of the votes was ineligible. 

Crawford v. Dunbar, 52 Cal., 36. 

28. An election held for the purpose of imposing a tax 
in a school district must be held in strict conformity with 
the law. 

People V. Seale, 52 Cal., 620. 

29. Under Section 996 of the Political Code, an office 
becomes vacant, ipso facto, upon the incumbent ceasing to 
be an inhabitant of the district (if the office be local) for 
which he was elected, or within which the duties of the 
office are required to be discharged; and a successor may 
be appointed without a previous adjudication that the 
office is vacant. 

The People ex rel. Tracy v. Brite, 55 Cal., 79. 

30. The fixing of the salaries of teachers is a part of the 
management of the schools, and comes within the meaning 
of that term as used in subdivision 27 of Section 25, Ar- 
ticle IV, of the Constitution. 

Earle v. Board of Ed., 55 Cal., 489. 

31. It is not essential to the dedication of land that the 
legal title should pass from the owner; nor is it essential 
that there should be any grantee of the use or easement in 
esse to take the fee, such cases being exceptions to the 
general rule requiring a grantee; nor is a deed or writing 



SUl'KEME COURT DECISIONS. 243 

necessary to constitute a valid dedication; it may be by 
parol; no specific length of possession is necessary to con- 
stitute a valid dedication. Dedications of land for public 
or charitable uses are good without a donee to take title. 
Carpenteria School Dist. v. Heath, 56 Cal., 478. 

32. Under Section 996 of the Political Code, an office 
becomes vacant when the person elected thereto does not 
qualify at all, and fails to file his official oath or bond 
within the time prescribed. 

People V. Taylor, 57 Cal., 620; 
Payne v. San Francisco, 3 Cal., 125. 

33. A resolution of a Board of Trustees that an election 
should be called to submit to the electors of a school dis- 
trict whether a tax of .$2,500 should be raised for main- 
taining the school for the remainder of the year, and for 
the purchasing and inclosing the school grounds, and com- 
pleting the school building in said district, and the notice 
of the election being substantially to the same effect, it 
was held that there was a substantial compliance with the 
law notwithstanding the notice did not specify separately 
the amounts to be raised for each particular purpose. 

The People v. Pratt, 59 Cal., 77. 

34. A school district is a corporation organized for edu- 
cational purposes, and can therefore take by will. 

Estate of Henry M. Bulmer, 59 Cal., 130. 

35. The assignment of his salary by a public officer be- 
fore it becomes due, is contrary to public policy, and void. 

Bangs V. Dunn, 66 Cal., 72. 

36. Children between six and twenty-one years of age, 
of Chinese parentage, who were born and have always 
lived in the City and County of San Francisco, are entitled 
to admission into the public schools of the district in which 
they reside; and teachers are not justified in excluding 
them, notwithstanding a resolution of the Board of Edu- 
cation purports to command them to do so. 

Tape V. Hurley, 66 Cal., 473. 

37. The teacher of a public school is the only necessary 
defendant in a proceeding to compel the admission thereto 
of a child unlawfully excluded. 

Tape V. Hurley, 66 Cal., 473. 



244 SUPREME COURT DECISIONS. 

38. A public office does not become vacant, except upon 
the happening of one of the events enumerated in Section 
996 of the Political Code. 

Rosborough v. Boordman, 67 Cal., 116. 

39. Powers conferred upon a municipal corporation, in- 
volving the exercise of judgment and discretion, are in the 
nature of public trusts, and cannot be delegated to others. 

Scolley V. Butte Co., 67 Cal., 249. 

40. An employe dismissed by his employer for good 
cause is not entitled to any compensation for services ren- 
dered since the last day upon which a payment became 
due to him under the contract of employment. 

Hartman v. Rogers, 69 Cal., 643. 

41. An order for a requisition drawn on the County Su- 
perintendent of Public Schools by two of the Trustees of 
a school district, one of whom is personally interested in 
it, and, therefore, incompetent to act, is void for want of 
the sanction of a competent majority of the Board of Trus- 
tees, whether the interested Trustee has acted fairly or 
unfairly in the matter. 

Shakspear v. Smith, 77 Cal., 638. 

42. In an action by a taxpayer to compel the cancella- 
tion of such order, and to restrain the Superintendent of 
Schools from drawing a requisition on the County Auditor, 
the parties interested in the order and the Superintendent 
of Schools may be properly joined as parties defendant. 

Shakspear v. Smith, 77 Cal., 6.38. 

43. Such an order is not a negotiable instrument in the 
sense that an innocent holder for value is protected. 

Shakspear v. Smith, 77 Cal., 638. 

44. Mandamus will lie to compel the Board of Educa- 
tion of the City and County of San Francisco to draw its 
draft upon the School Fund to pay for supplies furnished 
to the schools under its care, in pursuance of its contract 
for such supplies; and the remedy against its meml)ers by 
action for damages is not so competent to afford relief 
upon the very subject matter of the application, or so con- 
venient, beneficial, and effective, as the proceeding by 
mcmdamus, and will not, therefore, supersede that remedy. 

Raisch v. Board of Education, 81 Cal., 542. 



SUPEEME COURT DECISIONS. 245 

45. It is no objection to such mandamus tiiat the Board 
of Education has discretion to allow or reject a claim. It 
can only reject a claim for good cause, and not arbitrarily 
or capriciously, without semblance of cause. When the 
findings of the court below, which are not assailed, estab- 
lish clearly that supplies were furnished under a contract 
with the Board of Education, and that it has refused to 
draw its draft to pay for them, its contract for the \mv- 
chase of the supplies must be construed as a contract to 
draw its draft upon the School Fund for the purchase 
mone3% and not to pay monej^ directly, and a proceeding 
against it by mandamus to compel the drawing of such 
draft will be sustained. 

Raisch v. Board of P^ducation, 81 Cal., 542. 

46. Subsequent to the Act of April 7, 1880, repealing 
Sections 1669, 1670, and 1671, of the Political Code, and 
under the existing laws touching the education of children 
in the public schools, it has not been, and is not now, 
within the power of Boards of Education or School Trus- 
tees to establish public schools exclusively for children of 
African descent, or to exclude them from the public 
schools established for white children. 

Mysinger v. Crookshanks, 82 Cal., 588. 

47. Construing Section 1793 of the Political Code with 
Section 1617 of the same Code (which should be done, since 
they form part of the same statute upon the same subject), 
a teacher, elected by a City Board of Education, without 
limitation as to time, is entitled to hold the position while 
competent and faithful, and can only be dismissed for vio- 
lation of the rules of the Board of Education, or for in- 
competencjs or for unprofessional or immoral conduct ; 
nor can such teacher be transferred against his will to a 
school of lower grade, without contravention of the law. 

Kennedy v. Board of Education, 82 Cal., 483. 

48. The clause of Section 1793 of the Political Code, for- 
bidding the removal of teachers, except for cause, which 
was added by amendment in the year 1881, applies to all 
teachers elected by Boards of Education, and protects 
them in the right to continue in their positions, whether 
they were elected before or after its enactment. 

Kennedy v. Board of Education, 82 Cal., 483. 



246 SUPREME COURT DECISIONS. 

49. The statute does not forbid the transfer of a teacher 
by the Board of Education from one school to another of the 
same grade, but merely guarantees the right of the teacher 
to continue in the grade to which he was elected under his 
city certificate. Removal from the grade in which the 
certificate and the statute confer the right to teach is as 
much a violation of the statute as if the teacher were dis- 
missed without cause, and not given another position. 

Kennedy v. Board of Education, 82 Cal., 483. 

50. The general provisions of the Political Code, as to 
the control of city schools by the Board of Education, are 
applicable to the City and County of San Francisco; and 
it is not governed by the Consolidation Act alone. The 
general statute which applies to all cities must co.ntrol 
special statutes made applicable to particular cities. 

Keimedy v. Board of Education, 82 Cal., 483. 

51. The rules adopted by the Board of Education can- 
not control the provisions of the statute, and are imma- 
terial in determining the statutoiy rights of a teacher. 

Kennedy v. Board of Education, 82 Cal., 483. 

52. The fact that another teacher has been placed in 
the position from which the teacher originally entitled 
thereto has been unlawfully removed, cannot affect the 
right of the removed teacher to a tnandamus to regain the 
position. The position is not in the nature of an office, 
within the rule that mandamus cannot be used to regain 
an office claimed b}'^ or in possession of another. 

Kennedy v. Board of Education, 82 Cal:, 483. 

53. Mandamus is the proper remedy to restore a teacher 
in the public schools to a right given by express law, from 
which he is unlawfully precluded. 

Keimedy v. Board of Education, 82 Cal., 483. 

54. Subsequent to the Act of April 7, 1880, repealing 
Sections 1669, 1670, and 1671 of the Political Code, and 
iinder the existing laws touching the education of chil- 
dren in the public schools, it has not been, and is not now, 
within the power of Boards of Education or School Trus- 
tees to establish public schools exclusively of African de- 
scent or to exclude them from the public schools established 
for white children. 

Mysinger v. Crookshanks, 82 Cal., 558. 



SUPREME COURT DECISIONS. 247 

55. The Act of 1889, entitled "An Act to encourage 
and provide for a general vaccination in the State of Cali- 
fornia," which provides tor the vaccination of all children 
attending the public schools, and for the exclusion of un- 
vaccinated children therefrom, sufficiently expresses the 
subject of the Act in its title, is sufficiently general in its 
scope, and is a constitutional exercise of the public power 
of the Legislature. 

Abeel v. Clark, 84 Cal., 226. 

56. It is for the Legislature to determine what is for 
the public good, and what are necessary and salutary bur- 
dens to impose upon a general class of persons to prevent 
the spread of disease, and its discretion cannot be con- 
trolled by the courts, if its action is not clearly evasive 
and unlawful, under pretense of lawful authority. 

Abeel v. Clark, 84 Cal., 226. 

57. In a proceeding for a writ of mandamvs to a Board 
of School Trustees, to compel them to proceed to rebuild 
upon the old site a school building, which has been de- 
stroyed by fire, where it appears that it was resolved, at 
a meeting of the electors of the district, that the site 
should not be changed, and the district had been for a 
number of years in possession of the lot, using it for school 
purposes, under such circumstances as to authorize its 
continued use for such purposes, the Trustees cannot raise 
the question of title to the lot, or plead that the district 
had no title thereto, as a defense to the proceeding. 

Eby V. Trustees of Red Bank School District, 87 
Cal., 166. 

58. A taxpayer of a school district, whose children at- 
tend the school, is a party "beneficially interested," under 
Section 1086 of the Code of Civil Procedure, providing for 
the issuance of a writ of mandate, "on the application of 
a party beneficially interested," and may maintain a pro- 
ceeding for a writ of mandate to compel the Board of 
School Trustees to comply with the instructions of the 
electors as to the location of the school-house site. 

Eby V. Board of Trustees of Red Bank School Dis- 
trict, 84 Cal, 166. 

59. Section 9, of Article II, of the Constitution, for- 
bidding the compensation of any county, city, town, or 
municipal officer from being increased after his election or 



248 SUPREME COFRT DECISIONS. 

during his term of office, only applies to the compensation 
for services to be rendered, and does not forbid an allow- 
ance for the incidental expenses of the office, to be deter- 
mined by the necessity which the business of the office 
may develop. 

Kirkwood v. Soto, 87 Cal., 394. 

60. The County Government Act, fixing a salary for 
County Superintendents of Schools, "as compensation for 
the services required of them by law, or by virtue of their 
office," does not prevent the application of the amendment 
of Section 1552 of the Political Code, made in March, 1889, 
allowing each County Superintendent his traveling ex- 
penses, and other incidental expenses connected with the 
office, at the time of the amendment. 

Kirkwood v. Soto, 87 Cal., 394. 

61. An appointee is not required to qualify until he has 
received his commission, and his failure to qualify cannot 
create a vacancy if he has received no commission. 

87 Cal., 475. 

62. The Board of Education of the City and County of 
San Francisco is a creature of the Legislatui'e, and has 
only such powers as have been conferred on it, and has no 
authority to divert the moneys of the School Fund to any 
pvirposes other than such as have been expressly authorized 
by law. 

Barry V. Goad, 89 Cal., 215. 

63. The power of the Board of Education of the City 
and County of San Francisco to employ " teachers " for 
the public schools confers upon them no authority to em- 
ploy " inspecting teachers," whose duties, under the reso- 
lution appointing them, in no respect appertain to instruc- 
tion, but are simply those which would pertain to a Super- 
intendent or Director of the several schools to which their 
attention is directed. 

Barry v. Goad, 89 Cal, 215. 

64. A resident and taxpayer may maintain an action to 
restrain the Board of Education of the City and County of 
San Francisco from drawing drafts for compensation for 
services rendered and to be rendered under an appoint- 
ment from the Board which is authorized by law. 

Barry v. Goad, 89 Cal., 215. 



SUPREME COURT DECISIONS. 240 

65. A Suyeriiitendeut of Hchools is not liable to a humi 
fide purchaser of school warrants for the amount paid to 
the deputy Superintendent for warrants forged l)y such 
deputy, and presented and sold by him to the purchaser. 

Fresno National Bank v. Hawkins, 93 Cal., 551. 

66. The indorsement of the date of filing upon forged 
school warrants gives them neither validity, negotiability, 
nor additional value, aside from fixing the date of filing in 
the Superintendent's office; and such an indorsement by a 
deputy Superintendent of Schools ci-eates no personal lia- 
bility against the Superintendent of Schools in favor of a 
purchaser of the forged warrants. 

Fresno National Bank v. Hawkins, 9-3 Cal., 551. 

67. A Principal is not liable for acts of his deputy out 
of the line of his official duty, and beyond the power con- 
ferred upon him by virtue of his appointment as deputy. 

Fresno National Bank v. Hawkins, 93 Cal., 551. 

68. A school district, when organized as provided by the 
Political Code, is a public corporation of a quasi municipal 
character, possessing such authority as has been conferred 
by the Legislature, to be exercised in the mode and within 
the limits prescribed by the statute. 

Hughes V. Ewing, 93 Cal., 414. 

69. The Legislature has the power to change the bound- 
aries of a school district, and in the exercise of such power 
it may make such provision respecting the property and 
obligations of the corporation as it may deem equitable or 
proper, and its action is conclusive. 

Hughes V. Ewing, 93 Cal., 414. 

70. When the boundaries of a school district are 
changed, either by forming a new corporation out of the 
territory of the original one or by transferring a portion of 
the territory to another corporation, in the absence of any 
provision on the subject the old corporation will be en- 
titled to all the property and be solely liable for all the 
obligations, and the territory taken therefrom will not be 
entitled to any of the corporate property or liable for any 
of the obligations of the old corporation. 

Hughes V. Ewing, 93 Cal., 414. 

71. Although the Legislature cannot directly impose 
taxes upon counties or other public corporations, it -has 



250 SUrKKME COURT DECISIONS. 

authority to vest the power of taxation in them by gen- 
eral laws, and such corporations have no power to impose 
taxes other than that granted by the Legislature, and its 
exercise must be within the limits and in the manner so 
conferred. 

Hughes V. Ewing, 93 Cal., 414. 

72. The authority of the Supervisors to levy a tax in a 
school district for the erection of a school-house is not 
only limited to the amount voted by the district, but is to 
be levied only upon the property within the district voting 
the same. 

Hughes V. Ewing, 93 Cal., 414. 

73. When the electors of a school district have voted to 
build a school-house, but, before the levying of the tax 
therefor by the Supervisors, the boundaries of the district 
have been changed, the territory transferred from the 
limits of the district is not liable for the tax so levied; 
though the rule would be otherwise if the tax had been 
levied before the change in the boundaries. 

Hughes V. Ewing, 93 Cal., 414. 

74. The word " district," as used in Section 1837 of the 
Political Code, providing that if the electors of a school 
district vote to build a school-house, the Trustees are to 
certify this fact to the Board of Supervisors, who, when 
levying the county taxes, must levy a tax sufficient to 
raise the amount voted " upon all the taxable property in 
the district voting such tax," is not the equivalent of 
"territory within the district," but is a synonym for the 
"corporation " voting the tax; and the tax to be levied by 
the Supervisors is limited to the property within the 
boundaries of such corporation at the time of the levy. 

Hughes v. Ewing, 93 Cal., 413. 

75. By a change in the boundaries of a school district, 
the public corporation or district does not lose its identity 
or name, or cease to be the same legal entity that it was 
before. 

Hughes v. Ewing, 93 Cal., 414. 

76. The power of taxation is authorized for the benefit 
of the taxpayers, and taxation cannot be justly compelled 
for an object or for the benefit of a class in which the tax- 
payer is directly excluded from participating. 

Hughes V. Ewing, 93 Cal., 414. 



SUPREME COURT DECISIONS. ^51 

77. The City of San Diego as a municipal corporation 
has no interest in moneys paid into the county treasury to 
the credit of the school district of the city of San Diego, 
which is a distinct corporation, M'hose rights and obliga- 
tions are governed by the Political Code, and not by the 
city charter; and the city is not entitled to an injunction 
to prevent the County Treasurer from paying a warrant 
drawn upon him in payment of the salary of the Superin- 
tendent of Schools in the city of San Diego. 

City of San Diego v. Dauer, 97 Cal, 442. 

78. The power to fix the salary of the Superintendent 
of Schools in the city of San Diego is vested by Section 
1793 of the Political Code in the Board of Education of 
the city, v/hich, as a general law regulating the public 
school system, prevails over a provision of the city charter 
directing the Common Council to fix such salary. 

City of San Diego v. Dauer, 97 Cal., 442. 

79. Where the records of the Board of Education of 
a city recite that the Board "went into executive session 
for the election of teachers for the ensuing year," and 
thereupon certain teachers were declared elected, a teacher 
so elected, who begins teaching under such authorization, 
and continues holding after the expiration of the year for 
two years more without any new employment, is not 
elected for life, subject to removal only for cause, but may 
be dismissed at any time after the expiration of the year. 

Marion v. Bd. of Ed. of Oakland, 97 Cal., 606. 

80. The ignorance of a teacher as to the term of her em- 
ployment being fixed for one year only, and her honest 
supposition that she held a life position, cannot avail her 
to prevent a dismissal by the Board of Education, or to 
compel payment of salary after such dismissal. 

Marion v. Bd. of Ed. of Oakland, 97 Cal., 606. 

81. If it be conceded that the Board of Education had 
no power to elect a teacher for a year, an election for a 
year cannot constitute an election for life, but a void 
election, and she would hold the position at the mere 
pleasure of the Board, subject to be discharged at any 
time. 

Marion v. Bd. of Ed. of Oakland, 97 Cal., 606. 



252 SUPREME COURT DECISIONS. 

82. The provisions of Article IX of the Constitution, 
making education and the management and control of the 
public schools a matter of State supervision, and directing 
the Legislature to provide a "system of common schools," 
require the adoption of one system, which shall be appli- 
cable to all the common schools. 

Kennedy v. Miller, 97 Cal., 429. 

83. The legislative declaration, in Section 1576 of the 
Political Code, that every incorporated city is a school 
district, though it makes each school district a public cor- 
poration, does not import into the organization any of the 
provisions of the city charter, or limit the powers and 
functions which, as a school district, it has by virtue of 
the Political Code. 

Kennedy v. Miller, 97 Cal., 429. 

84. All city charters are limited by the operation of 
general laws. 

Kennedy v. Miller, 97 Cal., 429. 

85. The powers and duties of Boards of Education in 
cities are the same as those of Boards of Trustees in other 
school districts, and cannot trench upon the system that 
the Legislature has provided for the entire State. 

Kennedy v. Miller, 97 Cal. , 429. 

86. The city of San Diego is a corporation distinct from 
the corporation known as the school district of the city of 
San Diego, and. the rights and obligations of the school 
district corporation are to be determined by the provisions 
of the Political Code, and not by those of the charter of 
tlie city of San Diego; and a provision of its charter, that 
all moneys belonging to the school fund of the city shall 
be deposited with the City Treasurer, does not supersede 
the requirements of the Political Code that all moneys 
pertaining to the public school fund shall be paid into the 
county treasury. 

Kennedy v. Miller, 97 Cal., 429. 



OPINIONS OF ATTORNEY-GENERALS. 



Section 1227 of the Political Code, approved March 30, 
1878, provides that no person shall be allowed to vote, 
whose name is not on the register in use at the precinct 
where the vote is offered. This section repealed the law, 
previously in force, allowing persons to vote upon certifi- 
cates of registration, and hence, no person is now entitled 
to vote, unless his name appears upon the printed register 
in use at the precinct where the vote is offered. 
A. L. Hart, Attorney-General, 1882. 

By Section 9, of Article II, of the Constitution, the 
compensation of any city, county, town, or municipal 
officer cannot be increased after his election, or during his 
term of office. 

Attorney-General A. L. Hart, December, 1882. 

County Superintendents are county officers (Constitu- 
tion, Article IX, Section 3). The compensation of county 
officers cannot be increased after their election, or during 
their term of office (Constitution, Article XI, Section 9). 
Attorney-General Marshall, January, 1883. 

An allowance made by the Board of Supervisors for the 
reasonable traveling expenses of a County Superintendent 
in visiting the schools of his county, as required by law, 
is not a compensation for the discharge of his duties, but 
for traveling expenses incurred in the discharge of his 
duties, the payment of which is provided for in Section 
1552 of the Political Code. This is not the "additional 
compensation for services rendered " mentioned and pro- 
hibited by Section 17 of the Act of 1874, and, therefore, 
in my opinion, may be allowed by the Board of Super- 
visors. 

Attorney-General Marshall, February, 1883. 

It is the practice in the State Controller's office, and 
also that of the Auditors of the various counties, to allow 



254 OPINIONS OF ATTORNEY GENERALS. 

the outgoing officers pay up to the last day of their in- 
cumbency of the office, and inclusive of said last day, 
under my advice. The incoming officer receives salary 
from the date of taking possession only. 

Attorney-General Marshall, February, 1883. 

The Board of Supervisors must estimate and allow rea- 
sonable traveling expenses, in addition to the salary pro- 
vided in the Political Code, Section 1552, for County Su- 
perintendents. 

Attorney-General Marshall, May, 1883. 

Section 1560 of the Political Code requires that in every 
county having twenty school districts a Teachers' Institute 
must be held at least once a year. In counties where the 
number of districts is less than twenty the matter of hold- 
ing Teachers' Institutes is discretionary with the County 
Superintendent. I, therefore, think there would be no 
objection to two or more counties of the latter class uniting 
in a Joint County Institute ; but am of the opinion that 
those of the former, or those containing twenty school dis- 
tricts, would, if united, be obliged to hold an annual 
Teachers' Institute in each county. This condition being 
complied with, however, I see no objection to their uniting. 
Attorney-General Marshall, May, 1883. 

The Political Code, Section 1597, requires that the polls 
shall be open not less than four hours on the day of elec- 
tion, and an election in violation of this provision would 
certainly be illegal. 

Attorney-General Marshall, June, 1883. 

Concerning the right of a County Superintendent to 
require the Trustees of a district, in which an eight 
months' school has been rnaintained, to close the school 
and apply the remaining funds to payment of outstanding 
debts and the erection of certain improvements on the 
grounds of said school, I have to say that, in my opinion. 
Section 1546, together with Section 1621, of the Political 
Code clearly gives the County Superintendent this right, 
limiting the cost of such improvements to fifty dollars. 
Attorney-Genei-al Marshall, June, 1883. 

As to the right of the County Superintendent of Ala- 
meda County to receive a salary as member of the County 
Board of Education, I have to say that the Act of 1873- 



OPINIONS OF ATTORNEY GENERALS. 2oO 

74, page 185, of the Statutes of 1873-74:, clearly prohibits 
said County Superintendent from receiving a salary as a 
member of the County Board of Education, since his posi- 
tion as Secretary of said Board is an ex officio office. I 
cannot see that the Act of 1873-74 is in conflict with the 
new Constitution, and I do not know of any subsequent 
statute by which it is repealed; hence I am forced to the 
conclusion that said Act of 1873-74 is still in force, and 
that under it no salary can be received by the County Su- 
perintendent of Alameda County in any ex officio office. 
Attorney-General Marshall, June, 1883. 

Subdivision 15, of Section 1617, of the Political Code, 
is neither inoperative nor void, but in full force and effect. 
The Trustees should consult before the entrance of the 
pupils. This is not a matter of law, but one of business. 
Neither district can claim moneys from the other for chil- 
dren taught before such consultation and agreement. The 
Superintendent's decision should provide for carrying the 
apportionment with it. The amount apportioned per 
child goes with the children to the district. [This is not 
now the case. J. W, A.] 

Attorney-General Marshall, September, 1883. 

The payment by the count}' of the necessary traveling 
expenses of the County Superintendent is in no sense a 
part of his compensation as School Superintendent, but is 
merely a reimbursement for actual outlays necessary in 
the discharge of his duties. Section 1552 of the Political 
Code gives the Board of Supervisors the power to make 
the allowance, and I can discover nothing in the law 
which destroys the force of the section, or on which the 
adverse opinion of a District Attorney can be founded. 
Attorney-General Marshall, September, 1883. 

There is no objection to a party occupying the two 
offices of District Attorney and member of the County 
Board of Education. There is no provision of law, either 
in the Codes or Constitution, prohibiting the holding of 
more than one county office by the same person in this State. 
Attorney-General Marshall, January, 1885. 

Reasonable hotel bills, actually paid out by the County 
Superintendents, are included in the words *' actual travel- 
ing expenses." 

Attorney-General Johnson, January, 1887. 



250 OPINIONS OF ATTOKNEY tJKNERALS. 

City Boards of Examination have not the power to ex- 
amine teachers and issue certificates. Under the Perry- 
amendment, that power is lodged entirely with the County 
Superintendents and County Boards of Education, whose 
jurisdiction in this matter is coextensive with their respec- 
tive counties. But in the event that the County Board of 
Education of any county approve and ratify the action of 
such City Board of Examination in examining teachers 
and granting teachers' certificates within the jurisdiction 
of such county, the action of such City Board is thus vital- 
ized and becomes the action of the County Superintendent 
and County Board, the latter thus controlling the whole 
subject matter. 

Attorney-General Johnson, January, 1887. 

The Board of Supervisors can allow Superintendents 
their reasonable traveling expenses (Section 1552 of the 
Political Code). Although Section 211 of the "County 
Government Bill " says, "the salaries and fees provided in 
this Act shall be in full compensation for all services ren- 
dered," etc., yet I think the two sections must be con- 
strued together, and that the payment of the Superin- 
tendents' traveling expenses is not a compensation for ser- 
vices. 

Attorney-General Johnson, February, 1887. 

A School District Clerk cannot act and receive compen- 
sation as Census Marshal. Section 1876 of the Political 
Code says "no School Trustee, or member of a Board of 
Education, must be interested in any contract made by 
the Board of which he is a member, and any contract 
made in violation of this provision is void. 

Attorney-General Johnson, February, 1887. 

Sections 1858 and 1861 of the Political Code provide 
that the whole State School Fund, without abatement, 
must be apportioned and used in the manner therein in- 
dicated ; but, in my opinion, the Board of Supervisors can 
allow the County Treasurer for his necessary expense, in- 
cident to receiving the State School money, to be paid out 
of the County General Fund. 

Attorney-General Johnson, February, 1887. 

Under Section 1621 of the Political Code, no school 
moneys received from the State or county apportionment 



OPINIONS OF ATTORNEY GENERALS. 257 

can be diverted until, at least, an eight months' school 
has been maintained ; but if, at the end of the year wlien 
such an eight months' school has been maintained, there 
is an unexpended balance in the school district's appor- 
tionment of the County Fund, it may be used to equalize 
any overdraft on the State School Fund and Library Fund, 
Avhich should have been used only for salaries of teachers 
and for books. I find no law, however, that, when the 
County Fund has been overdrawn, an equalization may be 
had by drawing for that purpose from the State School or 
Library Funds. In all such cases the County Superintend- 
ent should have drawn no such requisition; nor should 
the Auditor have drawn any such warrant; nor should the 
Treasurer have made such payment. The State School 
Fund and the Library Fund should have been kept intact 
from misappropriation. 

Attorney-General Johnson, March, 1887. 
The Board of Supervisors of a county can allow the Su- 
perintendent of Schools his reasonable traveling expenses. 
The payment of traveling expenses is not a compensation 
for service; it is simply a reimbursement for moneys paid 
out. 

Attorney-General Johnson, April, 1887. 

Under Section 1552, the County Superintendent of 
Schools should be allowed, in addition to his salary, a sum 
for postage and expressage, equal to two dollars for each 
school district. This is not compensation, but merely re- 
imbursement for expenditures. 

Attorney-General Johnson, April, 1887- 

It is clear that, when outside territor}' has been an- 
nexed to an incorporated town or city for school purposes, 
every qualified elector in the school district has a right to 
vote on any question appertaining to the schools. (See 
Section 1598 of the Political Code.) It is equally clear 
that taxes are to be levied on all the property within the 
school district that is taxable under the Constitution. 
Under Section 1880 of the Political Code, Fresno City 
School District may call an election, and submit to the 
electors of the district the question as to the increase of 
bonds, and every elector has the right to vote. 
Attorney-General Johnson, April, 1887. 



258 OPINIONS OF ATTORNEY GENEEAL8. 

Boards of Supervisors may alloiv traveling expenses for 
visiting schools by County Superintendents. In other 
words, they have such power, unless in the class that the 
particular county belongs to the law provides that the 
compensation includes such expenses. 

Attorney-General Johnson, April, 1887. 

Under the school law, a district gets apportionment of 
the State and county school moneys according to the num- 
ber of school census children between the ages of live and 
seventeen years in the school district. There is so much 
money apportioned to each district for every teacher as- 
signed to it — a teacher being assigned for so many census 
children ; but I do not understand that a district is com- 
pelled to have two teachers simply because it is entitled 
to them, or they are assigned to it. 

Attorney-General Johnson, April, 1887. 

As to County Superintendents, Boards of Supervisors 
may allow them for reasonable traveling expenses, unless 
it is provided by law that their salaries shall include such 
traveling expenses. They are allowed for postage and ex- 
pressage a sum equal to two dollars for every school dis- 
trict. (See Section 1552 of the Political Code.) 
Attorney-General Johnson, April, 1887. 

The Constitution, Section 6, Article IX, discloses that 
the entire revenue derived from the State School Fund 
and the State School Tax shall be applied exclusively to 
the support of primary and grammar schools. Under the 
Constitution, these sources of revenue must be kept intact 
for the exclusive support of primary and grammar grades. 
Attorney-General Johnson, May, 1887. • 

County Superintendents have power to appoint Trustees 
in newly formed districts immediately after the districts 
have been created ; but the Trustees of the old district 
who reside in the new district are Trustees of the latter. 
(See Political Code, Section 1543, Subdivision 12, and 
Section 1615.) Such Trustees would hold office until the 
first day of July after their appointment. (See Political 
Code, Section 1593.) 

Attorney-General Johnson, May, 1887. 

The qualification of a member of the Board of Education 
is the taking of the oath of office provided for in the Con- 



OPINIONS OF ATTORNEY GENERALS. 259 

stitution, Article XX, Section 3, and in Section 904 of the 
Political Code. 

If appointees of the Board meet and are recognized as 
members thereof, but do not qualify, their acts would 
probably be lecral so far as the rights of third parties are 
concerned. So far as concerns the rights of the members 
of the Board, the oath must be taken within the specified 
time, otherwise the office becomes vacant. 

Attorney-General Johnson, May, 18S7. 

A County Auditor may safely draw a warrant in favor 
of the Secretary of the Teachers' Institute in payment for 
services as such Secretary. Such services may legitimately 
come under the head of " actual expenses." The position 
of Secretary must often be onerous, and it is not every 
one who can perform the duties. 1 know of no authority 
by which any one can be compelled to act as Secretary 
without pay. If the sum named in the requisition is a 
reasonable sum, I think it is proper for the Aiiditor to 
draw his warrant. 

Attorney-General Johnson, May, 1887. 

Section 1616 of the Political Code provides : " Boards of 
Education are elected in cities under the provisions of the 
laws governing such cities, and their powers and duties 
are as prescribed in such laws, except as otherwise in this 
chapter provided." Section 1617 of the Political Code, in 
enumerating the powers and duties of Trustees of school 
districts and of Boards of Education in cities, says, in the 
seventh subdivision: "To employ the teachers, and, ex- 
cepting in incorporated cities having Boards of Education, 
immediately notify the Superintendent of Schools, in 
writing, of such employment, naming the grade of certif- 
icate held by the teachers employed ; also to employ' jan- 
itors and other employes of schools ; to fix and order paid 
their compensation, unless the same be otherwise prescribed 
by law ; ■provided, that no Board of Trustees shall enter 
into any contract with such employes to extend beyond 
the thirtieth day of June next ensuing." 

Although in the above provision there is no mention of 
the Board of Education, yet I think the words, "Board of 
Trustees," were intended to include the Board of Educa- 
tion, except wliere, under the provisions of the law govern- 
ing a city, the powers and duties of the l^oard of Educa- 



260 OPINIONS or attornp:y CxExerals. 

tion were differently prescribed. Besides, Section 1619 of 
the Political Code says: "The Boards of Trustees and 
City Boards of Education must maintain all the schools 
establislied by them for an equal length of time daring 
the year, and as far as practicable with equal rights and 
privileges." 

Again, Section 1623 contains this provision: ^'provided, 
that the contracts mentioned in this section are not in ex- 
cess of the school moneys accruing to the district for the 
school year for which the contracts were made, otherwise 
the district shall not be held liable.'' Here, too, the sec- 
tion S2:)eaks of Boards of Trustees, but I think it lias refer- 
ence also to a City Board of Education, where the laws 
governing the city are not different. The law passed in 
1887, which took effect immediately, makes the election 
of School Trustees on the first Saturday of June, but the 
Trustees elected hold from the first day of July next suc- 
ceeding their election. But the election in Santa Bosa 
does not occur until the last Saturday in June; I presume 
it must be by virtue of its charter, or the amendmenls 
thereto. I should conclude, therefore, unless thei'e is 
something in the said Act of Incorporation, or the amend- 
ment, to the contrary, that your Board of Education can- 
not elect teachers prior to the first day of July next; in 
other words, the contract cannot be made to extend be- 
yond that time. 

In the case you speak of, where the election of teachers 
was held in the early part of June, the Act of Incorpora- 
tion may have contained pi'ovisions justifying that course; 
and so, if the Act incorporating Santa Rosa, or if the 
amendment provided differently, then this must govern, 
for the law expressly says, Section 1616 of the Political 
Code, that the powers and duties of the Board of Educa- 
tion are as prescribed in such laws, except as otherwise 
provided. In other words, if there is a different provision 
in the Act of Incorporation or the amendment, in respect 
to the time of employment of teachers and the length of 
time they may be employed, I would not regard such a 
provision aflfected by the fact that School Trustees cannot 
elect their teachers for a time beyond the 30th day of 
June then ensuing. 

Attorney-General Johnson, May, 1887. 



OPINIONS OF ATTORNEY GENEKALS. 261 

There being a vacancy in the office of School Trustee to 
be filled for one year, and another School Trustee to be 
elected for three years, the ballots to fill the vacancy 
should be, "For the unexpired term." The ballots for 
the other Trustee need not designate the term as the law 
fixes it, 

Attorney-General Johnson, May, 1887. 

The Census Marshal is a civil officer under Section 841 
of tlie Political Code. 

Attorney-General Johnson, June, 1887. 

Any woman over the age of twenty-one years, who is a 
citizen of the United States and of this State, is eligible 
as a School Census Marshal. See Act approved March 
10th, 1874. 

Attorney-General Johnson, June, 1887. 

When a new district is formed, and the Trustees ap- 
pointed fail to hold an election, the said Trustees hold 
over until their successors have qualified. Section 879 of 
the Political Code. 

It is the duty of the County Superintendent of Schools 
to fill all vacancies created by failure to elect or otherwise, 
to hold until the next annual election. Section 1543 of 
the Political Code, subdivision 13th. 

The Board of Supervisors have power to divide school 
districts as convenience requires. See County Government 
Act, Section 25, subdivision 2. If a fraud occurs, the Su- 
pervisors can undo what they have done. 

Attorney-General Johnson, June, 1887. 

Where there are 140 census children— enough to entitle 
the district to two teachers — and a fraction more, but less 
than twenty such children, under Section 1858 of the 
Political Code there is to be apportioned to the district 
^20 for every census child in such fraction. 

Attorney-General Johnson, June, 1887. 

As to whether a man convicted of murder and subse- 
quently pardoned is disqualified from holding the ofiice of 
School Trustee, and from being an elector, I have to say, 
that we have no decision in this State on the subject, defi- 
nitely deciding the matter under the present Constitution 
and laws; but the line of reasoning of the Court in the 



2()2 OPINIONS OF ATTORNEY GENERALS. 

case of The People v. Brown, 43 Cal., 439, inclines me to 
answer the question in the (affirmative ?) negative. 
Attorney-General Johnson, June, 1887. 

The Deputy Superintendent of Public Schools of a county 
can vote at a meeting of the Board of Education in the ab- 
sence of the Superintendent. 

Attorney-General Johnson, June, 1887. 

No section of the law seems to require that the names 
of children in an orphan asylum should be given td the 
Census Marshal. Also, the children in such institutions 
are not to be included in the report of the Census Marshal, 
unless the parents or guardians of such children reside in 
the district. (See Section 1638 of the Political Code.) The 
Marshal should shape his inquiry accordingly for the pur- 
poses of his report, only as to the names of parents or 
guardians of such children, the names of the children 
themselves not being required. 

Attorney-General Johnson, June, 1887. 

In reference to the right of a Deputy School Superin- 
tendent to vote in the absence of the County Superintend- 
ent, at a meeting of the County Board of Education, I 
have to say that I am of opinion that the deputy may act; 
but the other members of the Board cannot be represented 
by deputies. It must be remembered that the law gives 
the County Superintendent a deputy, but does not give 
deputies to other members of the Board of Education. I 
cannot agree to the doctrine that the duties which the 
Deputy County Superintendents are permitted to perforin 
under the law are limited to the duties devolving upon 
County Superintendents, as such, and not otherwise. Sec- 
tion 1768 of the Political Code says who shall constitute 
the County Board of Education, and that the County Su- 
perintendent of Schools shall be one. This is as much 
one of his duties as any other provision of th6 school law. 
He is the head of the schools of the county, and why 
should he not be a member of the County Board of Edu- 
cation ? If the Board of Supervisors neglect to appoint a 
Board of Education, he may appoint them, under the 
section, and this is as much one of his duties as any other 
requirement of the law. 

Section 512 of the Political Code says: " The duties of 
the Superintendent of Public Instruction are prescribed in 



OiPINIONS OF ATTORNEY GENERALS. 263 

Title III, Part 3, of this Code." There is where we find 
these provisions as to County Boards of Education. It is 
the duty of the County Superintendent, in the express 
language of the law, to keep a record of the proceedings of 
the County Board of Education (Subdivision 11 of Section 
1543 of the Political Code). It is established, therefore, 
as I take it, that, being a member of the County Board, 
and keeping a record of its proceedings, are duties re- 
quired under the law. The language used is "shall," 
which certainly is not to be constiiied in a permissive 
sense. 

Now, Section 865 of the Political Code says: "In all 
cases not otherwise provided for, each deputy possesses, 
the powers and may perform the duties attaching by law to 
the office of the principal." 

Section 4112 of the Political Code also is to the effect 
that a county officer may appoint as many deputies as 
may be necessary for the faithful and prompt discharge of 
the duties of his office. The decision heretofore rendered 
must stand as the decision of this office. 

(See, also, Touchard v. Crow, 20 Cal., 156, and Muller 
v. Boggs, 25 Cal., 181.) 

Attorney-General Johnson, June, 1887. 

I do not think that the additional studies now required 
to be taught should affect the granting of certificates to 
holders of life diplomas. The diplomas recommend that 
their holders receive the highest certificate granted by the 
local Board of Examination. 

Attorney-General Johnson, June, 1887. 

The decision of this office is that a Deputy County Su- 
perintendent, in the absence of the County Superintend- 
ent, has a right to vote as a member of the County Board 
of Education, and also has the right to act as Secretary of 
said Board. 

Attorney-General Johnson, June, 1887. 

In case of an improper contract between a Board of 
Trustees and a teacher, by which she is to refund to thein 
a part of the money she draws, which they do not account 
for, the matter should be laid before the District Attorney 
of the county. 

Attorney-General Johnson, July, 1887. 



2G4 OPINIONS OF ATTORNEY GENERALS. 

I have held that the Board of Supervisors can allow the 
County Superintendent reasonable traveling expenses in 
the absence of a special provision for traveling expenses 
in the County Government Bill. AlthoiTg^h Section 211 of 
that Bill says, " The salaries and fees provided in this Act 
shall be in full compensation for all services rendered," 
yet this language must be construed in connection with 
Section 1552 of the Political Code, and it must be remem- 
bered that an allowance for traveling expenses is not by 
way of compensation for services rendered, but is rather a 
reimbursement for moneys paid out. 

Attorney-General Johnson, July, 1887. 
I do not think the Superintendent of Schools can re- 
ceive a salary as member of the County Board of Educa- 
tion. He is a member of said Board by virtue of his office, 
and Section 211 of the Coimty Government Act ax^plies. 

Attorney-General Johnson, August, 1887. 
School Trustees hold office until their successors are aj)- 
pointed. (See Section 879 of the Political Code.) 

Attorney-General Johnson, August, 1887. 
Trustees can use county school money for the purchase 
of desks after an eight months' school has been kept. (See 
Section 1621 of the Political Code.) 

Attorney-General Johnson, August, 1887. 

I do not think a man who is not registered in the county, 

but who is otherwise legally qualified, can serve as a 

School Trustee if elected or appointed. He must be an 

elector. (See Political Code, Section 58; also Section 1600.) 

Attorney-General Johnson, August, 1887. 
A school district voted a tax of |4,000 to build a school- 
house. A tax was levied which raised between ^6,000 
and $6,500. In my opinion the surplus should be placed 
in the School Fund to the credit of the district. (See an 
Act approved March 13th, 188.3, Statutes of 1883, p. 298.) 

Attorney -General Johnson, August, 1887. 
Under Section 1617 of the Political Code, subdivision 
20, School Trustees should submit to a district meeting 
the location of a school-house after bonds have been voted 
with which to build, etc., if the question of location is un- 
determined. I think the calling of the meeting is man- 
datory. 

Attorney-General Jolnison, August, 1887. 



OPINIONS OF ATTORNEY GENERALS. 265 

The Superintendent's salary is paid out of the County 
General Fund, and it follows from Section 1770, that the 
members of the Board of Education are paid out of the 
same fund. 

Attorney-General Johnson, August, 1887. 

Prior to ] 880 there was a section of the Political Code 
(1754) which read: " The holders of diplomas are eligible 
to teach in any public school, except in High Schools in 
which languages other than the English are required to 
be taught by such teachers." Holders of such diplomas 
should have the same rights now, that is, the diploma 
should entitle them to teach in any public school in this 
State, excepting in High Schools where they would be re- 
([uired to teach languages other than the English. If, 
under the old law, certificates were granted to holders of 
life diplomas, such certificates must have been granted by 
the State Board of Examination under Section 1750 of the 
Political Code as it then stood. It would seem that the 
life diploma was a certificate of the highest character, and 
that the holder thereof could teach without any addi- 
tional certificate. I would conclude that while the County 
Board of Education may, under Section 1775 of the Po- 
litical Code, grant a certificate to the holder of such life 
diploma, that the certificate is not necessary to entitle the 
holder of the diploma to teach in the public schools, and 
that no examination can be required of the holder of such 
a diploma. 

Attorney-General Johnson, A\igust, 1887. 

I have heretofore given it as my opinion that teachers 
holding life diplomas, issued prior to 1880, cannot l)e re- 
quired to hold county certificates, and that the diplomas 
have the same force now as when issued. 

Attorney-General Johnson, August, 1887. 

Under subdivision 8, Section 1543, of the Political Code, 
and Section 1775, the County Superintendent must act 
upon the order of the County Board of Education, and it 
is not for him to review the action of the Board in the 
matter of granting county certificates or temporary cer- 
tificates. The County Board are the exclusive judges 
when they shall issue. 

Attorney -General ;Johnson, October, 1887. 



266 OPINIONS OF ATTORNEY GENERALS. 

I think the law restricts us in investing the State school 
moneys to the United States, State, and county bonds. 
Attorney-General Johnson, October, 1887. 

Section 1770 of the Political Code makes it mandatory 
on County Boards of Education to meet semi-annually, at 
such times as they may determine. 

Attorney-General Johnson, October, 1887.' 

The Board of Supervisors have the power to allow the 
County Superintendent of Schools his reasonable traveling 
expenses while in the discharge of his official duties ; and 
this as a reimbursement for moneys paid out, and not as 
extra compensation. (See Political Code, Section 1552.) 
Attorney-General Johnson, November, 1887. 

Section 1552 of the Political Code, as far as traveling 
expenses of County Superintendents are concerned, is in 
force. In my judgment, the allowance of such expenses 
is not giving increased compensation; it is simply reim- 
bursing for moneys paid out. As far as concerns traveling 
expenses of the County Superintendents, I do not regard 
Section 1552 of the Political Code as inconsistent with the 
County Government Act. 

Attorney-General Johnson, December, 1887. 

The Board of Education may include supplementary 
readers in the list of books that they adopt for school 
libraries, and I see nothing to prevent School Trustees 
from purchasing more than one set of readers for library 
use, if the teacher does not use the said books to supplant 
the text-books on reading, but simply for supplementary 
work, the pupils in every case being supplied with the 
regular contract readers; I do not think there is anything 
illeg; J in so using the supplementary readers belonging to 
the library of the school district. 

Attorney-General Johnson, December, 1887. 

I think the County Superintendent would be justified 
in refusing to draw a warrant for writing or drawing 
books furnished to the schools by the School Trustees. 
Ruled paper for the use of the classes in bookkeeping 
would probably come under the head of writing paper. 
Attorney-General Johnson, December, 1887. 



OPINK)N.S OF ATTOKNKY GENERALS. 207 

The Political Code does not give authority to renew cer- 
tificates after they have expired. 

Deputy Attorney-General W. P. Johnson, Decem- 
ber, 1887. 
The County Superintendent of Schools cannot legally 
draw a per diem as a member of the County Board of Ed- 
ucation. 

Attorney-General Johnson, January, 1889. 
The Trustees of a district have no authority to appoint 
a party seventeen or eighteen years old to take the school 
census. The Census Marshal should be, at least, twenty- 
one years old at the time of his appointment. 

Deputy Attorney-General W. P. Johnson, January, 
1888. 
In my opinion, applicants for primary certificates can 
not be required to pass examination in studies not men- 
tioned in Section 1772 of the Political Code. Comparing 
Section 1771 of said Code, before the amendment of 1887, 
and the section as now amended, we find that primary 
certificates differ only in name from second grade certif- 
icates. The primary certificate takes the place of the 
second grade certificate, is valid for the same length of 
time, and authorizes the holder to teach in the same kind 
of school. The new studies are to be taught in the several 
grades where they are required. This was true of music, 
drawing, and bookkeeping before the section was amended; 
but applicants for second grade certificates could not before 
have been required to pass examination in these studies. 
I can see no reason for not following the x^rovisions of 
Section 1772 as long as said section remains unrepealed. 

Attorney-General Johnson, February, 1888. 
I think that Section 211 of the County Government Act 
prevents the County Superintendent from receiving any- 
thing for his services as a member of the County Board of 
Education. I think, under Section 1552 of the Political 
Code, the Board of Supervisors may allow him his reason- 
able traveling expenses, and should allow him a sum for 
postage and expressage equal to one dollar [now two dol- 
lars by amendment of 1891] for each school district. I 
think that Sections 3894 and 3895 of the Political Code 
are repealed by the County Government Act. 

Attorney-General Johnson, February, 1888. 



2()8 OPINIONS OF ATTORNEY (JENERALS. 

The County Superiiiteiuleiit is not entitled to extra 
eonipensation for performing the duties mentioned in See- 
tion 1551 of the Political Code. 

Attorney-General Johnson, March, 1888. 

It is the duty of the County Superintendent to ascer- 
tain whether in any school district the average attendance 
for three months is five pupils or less; also, if such average 
attendance is only five or less, that officer should not draw 
his requisition in payment of the teacher beyond said three 
months, as the district thereupon lapses by virtue of the 
law, and the money belonging to the same should be ap- 
portioned among the other districts.*' 

Attorney- General Johnson, April, 1888. 

If in a school district there was an average attendance 
for three months of only five or less, the district would 
lapse, and the teacher would not be legally entitled to 
pay after the expiration of that time. The Board of Su- 
pervisors should attach the territory of the lapsed district 
to one or more adjoining districts, and in those districts 
the census should be taken* 

Attorney-General Johnson, April, 1888. 

In case of the death of a County Superintendent of 
Schools, the aj)pointee to fill the vacancy occasioned 
thereby would hold for the unexpired term, and not simply 
till the next general election. (See Section 25, Subdivi- 
sion 21, of the County Government Act.) 

Attorney -General Johnson, May, 1888. 

In my opinion, school districts can be compelled to pay 
for grading streets in front of the school property when 
such street grading is a proper charge on other property 
similarly situated. The fact that the Trustees contracted 
to purchase the lot before the notice of intention to grade 
the street was published would make no difference. While 
school i)roperty is exempt from municipal taxes, it is not 
exempt from street assessments. 

Attorney-General Johnson, June, 1888. 

Subdivision 163G of the Political Code seems to contem- 
plate the retaking of the entire census of the district if 
the Superintendent of Schools has reason to believe that 

* A district does not lapse under the law as it is now, unless the 
average for the whole year is five pupils or less.— J. W. A. 



OPINIONS OF ATTORNEY GENERALS, 269 

a correct report has not been returned. If, therefore, the 
Superintendent of Schools of San Francisco has reason to 
believe that the late census there is fraudident, or incor- 
rect, he should appoint a Census Marshal and have the 
entire census retaken. 

AttorneyUeneral Johnson, June, 1888. 
It is necessary for an appointee on the Board of Educa- 
tion to qualify by taking the oath of office before he is 
legally entitled to his seat. Section 90-t of the Political 
Code says: "Before any officer enters on the diities of 
his office, he must take and subscribe the following oath," 
etc. (See also Hall v. Superintendent, 08 Cal., 170.) 
And every officer must qualify, as stated in Section 907 of 
the Political Code, within the period of ten days. 

Attorney-General Johnson, June, 1888. 
When an appointee on the Board of Education fails to 
comply with some preceding requirement, as to take an 
oath, but still acts in the office to which he is appointed, 
he is a de facto officer, and holds until his successor has 
qualified. 

Attorney-General Johnson, June, 1888. 
Under an Act of the Legislature, approved March 12th, 
1874, "Women over the age of twenty-one years, who are 
citizens of the United States and of this State, shall be 
eligible to all educational offices within this State, except 
those from which they are excluded by the Constitution. " 
I regard the office of Census Marshal as an educational 
office, and I know of no constitutional prohibition against 
women holding such an office. 

Attorney-General Johnson, July, 1888. 
The Board of Supervisors and County Superintendent 
have the right to decide whether a new district is neces- 
sary or proper. 

Attorney-General Johnson, Jidy, 1888. 
It is iiecessary for an appointee on a Board of Educa- 
tion of a county to qualify by taking an oath of office 
before he is legally entitled to his seat. (See Section 904 
of the Political Code ; also, Hall v. Superior Court, 63 
Cal., 176.) If the appointee has failed to subscribe to and 
file the oath of office, as required by Section 907 of the 
Political Code, the office l)ecomes vacant ; and for him to 



— 270 OPINIONS OF ATrORNEY GENERALS. 

hold the office legally it will be necessary for him to be 
reappointed by the Board of Supervisors. (See Section 
1768 of the Political Code.) 

Attorney-General Johnson, August, 1888. 

Foreigners from Japan have a legal right to attend the 
public school. (See Political Code, Sections 1858 and 1662; 
also the case of Tape v. Hurley, 66 Cal., 473.) 

Attorney-General Johnson, August, 1888. 

In case a school district has issued bonds for building a 
school-house, and subsequently a new district is formed 
from a part of said district, the tax to be levied under the 
law is to be upon the taxable property of the district, and 
if at the time of the levy, a part of the old district is in a 
new district, such property in the new district is not liable 
to the tax. 

Attorney-General Johnson, November, 1888. 

A School Trustee took up his residence outside of the 
district. The doing so would vacate his office. But he 
and another Trustee employed a teacher, and the teacher 
left after teaching one month. Although the office was 
vacant, still, as to innocent third persons, the acts of the 
Trustee who had removed would be valid until his suc- 
cessor qualifies. A warrant for the salary of the teacher 
may be compelled to be drawn. 

Attorney-General Johnson, December, 1888. 

When a school certificate is granted by the County 
Board of Education, or by a majority thereof, it is the 
duty of the County Superintendent to affix the seal and 
his signature thereto ; if he does not, he may be compelled 
to do it by mandamus. 

Attorney-General Johnson, December, 1888. 

Bonded school districts may be divided so as to create a 
new school district. 

Attorney-General Johnson, December, 1888. 

The State Board of Education is not authorized to adopt 
and enforce a rule that when School Trustees fail to pro- 
vide a janitor, the pupils of the school shall in turn do the 
sweeping of the school -house. One of the powers and 
duties of the Board of Trustees is "to employ teachers, 
janitors, and employes of schools," etc. One of the powers 
and duties of the State Board of Education is "to adopt 



OPINIONS OF ATTORNEY GENERALS. 271 

rules and regulations not inconsistent with the laws of the 
State for its own government, and for the government of 
the public schools, and district school libraries." It is, 
therefore, inconsistent with the laws of the State for the 
Board to make a rule which dispenses with one of the 
duties of School Trustees, as provided by law, which is 
"to employ a janitor." Mandamus would lie against a 
school district to compel the Trustees to employ a janitor 
for this purpose. 

Attorney -General Johnson, December, 1888. 

The simple fact that the Tax Collector did not publish 
as delinquent the railroad's portion of the tax which was 
levied for building a school-house does not absolve the 
railroad ; but the taxes being dite, and not collected at the 
proper time, they may be collected by such means as may 
be prescribed by law. Under the Act of April 23d, 1880 
(see page C04, Political Code), I do not see why the Dis- 
trict Attorney may not bring suit. But before doing so 
he had better see if the company will not pay before any 
costs are incurred. If the suit is brought, it would be 
better to do so within three years, as the Statute of Limi- 
tations might be pleaded. (See City and County of San 
Francisco v. Jones, 2d West Coast Reporter, p. 772.) 
Attorney-General Johnson, December, 1888. 

The Board of Supervisors hav^e the power to allow a Su- 
perintendent his reasonable traveling expenses. I do not 
consider so nmch of Section 1552 of the Political Code as 
relates to traveling expenses repealed by the County Gov- 
ernment Act. 

Attorney-General Johnson, January, 1889. 

Boards of Supervisors are authorized to allow actual 
traveling expenses to the County Superintendent while 
visiting schools, such an allowance being in eflfect only a 
reimbursement, and not a compensation for services ren- 
dered. 

Attorney-General Johnson, February, 1889. 

The County Superintendent is entitled to his actual 
traveling expenses, incurred in attending the biennial 
meeting of County Superintendents. 

Attorney -General Johnson, Fel)ruary, 1889. 



272 OPINIONS OF ATTORNEY GENERALS. 

School bonds in the hands of private persons are taxa- 
ble. (See Constitution of Cal., Art. XIII, Section 1; Sec- 
tion 3G07 of the Political Code, and People v. Home Ins. 
Co., 29 Cal., 533.) 

Attorney-General Johnson, February, 1889. 

I think County Superintendents should be allowed their 
expenses while attending the convention of County Super- 
intendents, as provided in Section 1532, subdivision 14 of 
the Political Code, such compensation not being extra 
compensation, but merely by way of reimbursement for 
moneys paid out. 

Attorney-General Johnson, February, 1889. 

The Trustees may use the Special School Fund for the 
payment of the claims for furnitiire and apparatus. 
Attorney -General Johnson, February, 1889. 

The Trustees are lial)le, as such, in the name of the dis" 
trict, for any judgment obtained by any teacher for salary 
contracted by them to be paid to him ; biit they are not 
personally liable to him for such payment. (Section 1038 
of the Political Code. 

Attorney-General Johnson, February, 1889. 

The Trustees of a district can legally use the balance re- 
maining in the County Fund after an eight months' school 
has been maintained, for the purpose of building a new 
school -house. 

Attorney-General Johnson, April, 1389. 

The appointment of a minor as a Census Marshal would 
not be valid. Sec. 841 of the Political Code says: "No 
person is capable of holding a civil office who at the time 
of his election or appointment is not of the age of twenty- 
one years and a citizen of this State." 

Attorney-General Johnson, April, 1889. 

Trustees are not forbidden to increase a teacher's salary 
when a contract has been made. 

Attorney-General Johnson, May, 1889. 

The transportation of the State School Fund from the 
State treasury to the county treasury should be paid out 
of the County General Fund. A Superintendent has no 
authority to draw a warrant upon the School Fund for 
that purpose. 

Attorney -General Johnson, May, 1889. 



OPINIONS OF ATTORNEY (JENERALS. 273 

The Board of Supervisors can allow the County Super- 
intendent reasonable traveling expenses. Section 211 of 
the County (Tovernment Bill and Section 1552 of the Po- 
litical Code are to be construed together, the traveling ex- 
penses allowance being not by way of compensation, but 
simply a re-imbursement. 

Attorney-General Johnson, May, 1889. 
The County Superintendent is entitled to his actual 
traveling expenses in attending biennial conventions of 
County Superintendents, as provided in Section 1532, 
subdivision 14, of the Political Code. 

Attorney-General Johnson, May, 1889. 
There is no law which disqualifies a Principal of a 
public school from being eligible to the office of Census 
Marshal. 

Attorney-General Johnson, May, 1889. 
Teachers' orders, requisitions, or warrants are assign- 
able, but they are not negotiable proper in the sense of the 
law merchant, so that when held by a bona fide purchaser, 
evidence of their invalidity or defenses against the orignal 
payee would be excluded. They are payable out of a par- 
ticular fund, -which destroys their negotiability; but they 
can be assigned, and the assignment will enable the as- 
signee rightfully to draw the money. If the County Su- 
perintendent should draw a requisition in favor of the as- 
signee, he should state the teacher's name and that of the 
school district. 

Attorney-General Johnson, Maj-, 1889. 
Under Section 1597 of the Political Code, the polls at 
the election of School Trustees should be kept open four 
hours. If the notices specified that the polls would be 
open between the hours of one and four o'clock, the time 
would be only three hours. The voters, therefore, who 
voted between four and five o'clock, properly voted, and 
the election of Trustees cannot be set aside on this ac- 
count. The notice Mould be good as specifying the in- 
itial hour for the commencement of voting, and the law 
supplies the terminal hour, which would be five o'clock. 

Attorney -General Johnson, July, 1889. 
The Trustees of the normal schools are not authorized 
to send the teachers to different portions of the State to 



•J/ 4 OPINIONS OF ATTORNEY OENEKALS. 

hold examinations for the admission of students. Section 
1489, sulidi vision 8, of the Political Code does not seem to 
be broad enough to authorize the pay of the teachers for 
such work. 

Attorney-General Johnson, July, 1889. 

The Trustees of a certain district desire to use money 
remaining in the County Fund after a nine months' school 
has been maintained, for building an addition to the school- 
house. This can be done. (See Section 1621 of the Po- 
litical Code. 

Attorney-General Johnson, July, 1889. 

In order to be a member of the County Board of Educa- 
tion it is necessary that the person should be an elector, a 
citizen of the State, and of the age of twenty-one years or 
upwards. (See Section 56 of the County Government Act.) 
Attorney-General Johnson, August, 1889. 

When two or more districts, lying contiguous, are united 
to constitute but one district, under Section 1577 of the 
Political Code, as last amended, the district so formed 
constitutes a new district under subdivision 13, Section 
1543, of the Political Code, as last amended; and it is the 
duty of the County Su])erintendent to appoint Trustees 
for the same, who hold office until July first next suc- 
ceeding their appointment. Such new district, however, 
cannot be formed at any other time than between July 1st 
and May 10th. (See Section 1577.) 

Attorney-General Johnson, August, 1889. 

The incorporation of a city of the sixth class creates a 
separate school district. (Section 1576 of the Political 
Code.) 

Attorney-General Johnson, August, 1889. 

When two districts are united to form one district, the 
funds of both districts are also united; and they become 
subject to the order of the Trustees only of the district 
formed by the union. 

Attorney-General Johnson, August, 1889. 

The Board of Supervisors of a county may allow the 
reasonable traveling expenses of a County Superintendent 
under Section 1552 of the Political Code, which is not re- 
pealed, except by implication, in this respect, and implied 



OPINIONS OF ATTORNEY GENERALS. 275 

repeals are not favored. Traveling expenses are more in 
the nature of reimbursement than compensation. 
Attorney-General Johnson, August, 1889. 

To allow County Superintendents five dollars a day 
during the times of the examination of teachers would he 
to increase their salaries. The duties devolved are not 
duties foreign to the office, but seem to grow legitimately 
out of it. 

Attorney-General Johnson, August, 1889. 

I have to say that the recent amendment to Section 
1552 of the Political Code makes mandatory what was be- 
fore permissive only; but in my opinion the salary of the 
Superintendent is not increased by the reimbursement 
therein provided, as the Board of Supervisors, before the 
amendment, could have allowed the expenses, 

Attorney-General Johnson, August, 1889. 

I hold that a member of the Board of Education must 
possess the qualifications mentioned in Section 56 of the 
County Government Act. I regard a member of said 
Board as a county officer. (See Section 57 of said Act; 
also Section 1768 of the Political Code.) 

Attorney-General Johnson, August, 1889. 

If a certain text-book is in use with whose publishers 
the contract has expired and the County Board of Educa- 
tion "recommended " the use of a different book, districts 
following such recommendation and introducing such new 
book to the exclusion of the old are liable to the loss of 
twenty-five per cent, of the State School Fimd, according 
to Section 1875 of the Political Code, if the text-book 
recommended was not legally adopted by the County 
Board as provided by Section 1874 of the Political Code. 
Attorney-General Johnson, December, 1889. 

In my opinion the Board of Supervisors have power to 
annex outlying territory to a city of the sixth class form- 
ing a school district, notwithstanding the fact that the 
outlying territory comprises the whole of the territory of 
an adjoining school district. (Section 1576 of the Political 
Code.) 

Attorney-General Johnson, December, 1889. 

The intention of the law is that a city shall be a sepa- 
rate school district. 

Attorney-General Johnson, December, 1889. 



276 OPINIONS OF ATTORNEY GENERALS. 

Money raised by a school district by special tax under 
an election notice specifying the purpose of the tax to be 
"to repair and furnish additional school facilities," can- 
not be used to purchase school lots. (See Section 1G17, 
subdivision 5, and Section 1832 of the Political Code.) 
Attorney-General Johnson, January, 1890. 

I am of the opinion that under the Act of February 20, 
1889 (Statutes of 1889, p. 82), the necessary expenses in- 
curred in the vaccination of school children are to be paid 
out of the common school moneys apportioned to the dis- 
trict, city or town, only in the case of those children 
whose parents or guardians are pecuniarily or otherwise 
unal)le to procure such vaccination. 

Attorney -General Johnson, January, 1890. 

I am of the opinion that in tlie case of a joint district, 
the teacher, before assuming charge, may file his or lier 
certificate with the County Superintendent of either 
county. 

Attorney-General Johnson, January, 1890. 

According to Section 1687 of the Political Code, teach- 
ers of beginners shall rank in point of salary with teachers 
of first grade pupils. If there be several first grade teach- 
ers, with different salaries, it is not necessary that teach- 
ers of beginners shall receive a salary equal to the highest 
paid, although the Board have the right to pay such sal- 
ary. It is sufficient if they receive a salary equal to that 
paid a teacher of first grade pupils. 

Attorney-General Johnson, March, 1890. 

I do not see any conflict between the fifth subdivision of 
Section 1858 and the second subdivision of Section 154.S of 
the Political Code. The fifth subdivision of Section 1858 
is mandatory. In order to render the Superintendent 
criminally liable for not carrying out this mandate, it 
must have been a willful omission. 

Attorney -General Johnson, March, 1890. 

I find nothing in the law which can be enforced against 
a lady teacher who declines to sing or play at the closing 
exercises of a public school. In such matters outside of 
the prescribed curriculums of duty as laid down in the 
law, the Principal wdl have to depend upon reasonable 



OPINIONS OF ATTORNEY CxENERALS. 277 

rules adopted beforehand by the Board of Trustees, or by 
tlie State Board of Education. 

Attorney- General Johnson, March, 1890. 
The City Board of Examination of San Diego has no 
authority, under the city charter and the present laws of 
California, to hold a special examination, besides the semi- 
annxial examination required by law. 

Attorney -General Johnson, April, 1890. 
While I think the granting of special certificates to 
teach such studies as must be taught is not to be encour- 
aged, but should 1)0 lield to apply more properly to siich 
studies as are not in the established curriculum, yet I think 
the poM'er given to the City Board, whenever they think it 
advisable, "to grant special certificates, valid for three 
years, which shall entitle the holder to teach such special 
branches as may be required by City or County Boards of 
P^ducation." The want of a school may be such as to 
require reading and elocution to be made special branches. 
Ordinarily it may be otherwise. 

Attorney-General Johnson, April, 1890. 
No school district can incur any indebtednees or liabilitj^ 
exceeding in any year the income and revenue provided for 
it for such year, except as provided in Section IS, Article 
XI, of the Constitution ; and persons dealing with the 
district in violation of this section must take their chances 
for payment of any such claims. 

Attorney-General Johnson, April, 1890, 
One of the powers and duties of Trustees is to manage 
and control the school property within their districts. 
Although it may not be commendable for a dance to be 
advertised and given in a school -house, even for the pur- 
pose of purchasing' an organ for the school, yet I do not 
know of any law that is violated by such permissive action 
on the part of the Board of Trustees. Under the law they 
are to have control, and if the district is not put to any 
expense, and the Trustees see, either by themselves or by 
proxy, that the dance is conducted with proper decorum, 
I do not see that anything can be done in the premises. 
But Trustees should be careful aljout using school property 
for general purposes, or in such way as to produce inhar- 
mony in the district. (But see Sec. 1(517, Subdivision 20.) 

Attorney-General Johnson, April, 1890, 



278 OPINIONS OF ATTORNFA' GENERALS. 

The Library Fund should be expended only for books 
and school apparatus, not furniture. 

Attorney-General Johnson, May, 1890. 
Trustees should not deal in respect to school property 
with themselves. They occupy a trust relation, and can 
not serve two masters — the district and themselves. 
Attorney-General Johnson, May, 1890. 
I do not see any necessity for examining a teacher on 
the branches she has already been rated upon ; but she 
may take the additional branches required for a first grade 
certificate. 

Attorney-General Johnson, June, 1890. 

I do not know of any law making it illegal for the Trus- 
tees of a public school to permit religious services to be 
held in the school-house at times when the school-house is 
not needed for school purposes ; but should the Trustees 
refuse to permit services to be held their decision is final, 
and cannot be controlled by a vote of the electors of the 
district. 

Attorney -General Johnson, June, 1890. 

It is not within the spirit of Section 1596 of the Political 
Code for the Trustees to appoint themselves officers of the 
school election ; still the election would not be held illegal 
for that reason, if in point of fact the Trustees certified to 
be elected received a majority of the legal votes. There 
is nothing to prohibit one of the officers of such election 
from acting as Clerk, but it is not necessary that the 
Clerk be a member of the Election Board. 

Attorney -General Johnson, June, 1890. 

Subdivision 7 of Section 1548 authorizes the issuance of 
only one temporary certificate to the same person, no 
matter how many certificates from other counties he may 
have. 

Attorney -General Johnson, July, 1890. 

Section 1876 of the Political Code is as follows : 

"No School Trustee or member of any Board of Educa- 
tion miist be interested in any contract made by the 
Board of which he is a member; and any contract made 
in violation of this provision is void." 

Attorney -General Johnson, July, 1890. 

The election lield on the last Saturday of June for 



OPINIONS OF ATTORNEY GENERALS. 279 

School Trustee is a nullity, the first Tuesday in June being 
the date fixed by law. There being no election the old 
Trustees would hold over. 

Attorney -Cleneral Johnson, July, 1890. 

The Secretary or Clerk of the Trustees is not entitled to 
compensation, under Section 1072 of the Political Code ; 
nor do I know of any law under which he is entitled to 
compensation. 

Attorney-General Johnson, July, 1890. 

A city organizes as a fifth class city and leaves the bal- 
ance of the district, forming, of course, a separate district 
by itself. There was a balance in the School Fund to the 
credit of the old district. The new city district is not en- 
titled to any portion of this balance. Section 1582 of the 
Political Code having been repealed. (See Boon v. West 
Va., 424.) 

Attorney-General Johnson, July, 1890. 

While I do not think it within the spirit of the law for 
School Trustees to furnish supplies to their district, yet 
the supplies having been furnished, I think the district 
should pay what they are reasonaljly worth. 

Attorney-General Johnson, August, 1890. 

I do not think the Board of Supervisors can deprive the 
County Board of Education of their per diem for three days 
for the reason that it took the three days for them to pre- 
pare questions for applicants for teachers' certificates. The 
law says the Board of Supervisors shall allow a per diem 
of five dollars to each member of the Board of Education, 
and does not say that the questions shall be prepared 
beforehand, nor limit the time for such meetings. 

Attorney-General Johnson, December, 1890. 

Section 1563 of the Political Code does not authorize 
the allowance of mileage to teachers attending the Teach- 
ers' Institute. However much I may regret that the law 
is that way, still it must be so declared, unless the Legis- 
lature changes it. 

Attorney-General Johnson, December, 1890. 

The Board of Education of a city has the power to make 
the study of music and industrial drawing optional in the 
high school. By so doing the Board decides that in the 
high school said studies are not required. (See Section 
1665 of the Political Code. 

Attorney-General Johnson, December, 1890. 



OPINIONS OF STATE SUPERINTENDENTS. 



ABSENCES. • 

1. Records of the half day absences should be made, 
and they should be reported to the County Superintendent. 

2. Every half day's absence should be noted and counted 
as such in making out reports. 

3. If a pupil has been absent for live consecutive days, 
on the close of the fifth day the teacher should place a 
letter L in the space next the last day on which such 
pupil was present. When he returns the letter R should 
be placed in the space representing the day upon which 
the pupil returned. No absence should be counted from 
the last day on which he was present until he is absent 
after his return. 

4. If a pupil has been absent for five days put a capital 
" L" in the space for the day next the last day that he at- 
tended, and a letter "R" in the space for the day on 
which he returned. The days intervening, including the 
one in which the L is placed, are not counted as days 
absent. 

ABUSE OF TEACHERS. 

5. A teacher while returning home from school, one 
evening, was grossly insulted and al)used by one of the 
parents residing in the district. It was done in the hear- 
ing of two or three of the pupils who had attended the 
school that day, but who at the time of hearing the abuse 
were at home, or had been at home since the close of the 
afternoon session. Held, that these children would be 
considered within the meaning of the law, and an action 
for misdemeanor would lie against the abusive parent. 

ADMISSION TO THE SCHOOLS. 

G. If the Trustees are willing, a person over twenty-one 
years of age may attend the school in his district. Section 
1662 says that "Trustees have power to admit adults 
whenever good reason exists therefor." 



opinions; of state stperintendents. 2S1 

7. A child Avorking away from home, in an adjoining 
district, is entitled to admission to the school in such dis- 
trict, without the payment of tuition. As a resident of 
the district, he is entitled under the provisions of Section 
1G62 of the Political (vode. If a boy works and supports 
himself he is supposed to gain a residence where he lives. 

8. Section 16G2 of the Political Code requires that all 
schools shall be open for the admission of all children be- 
tween six and twenty-one years of age residing in the dis- 
trict. Trustees have not the right to charge tuition from 
any parties not over twenty- one years of age; for parties 
over twenty-one or for parties not residing in the district 
tuition may be charged. 

9. Section 1617, subdivision 9, and Section 1662 of the 
School Law authorizes the admission of children under six 
years of age to classes in cities in which the kindergarten 
work has been adopted. These children, as in the case of 
children in the grammar schools who are over seventeen 
years of age, are included in making up the average daily 
attendance. 

10. Pupils who have been graduated from the grammar 
schools may be permitted to attend such schools after 
graduation; but in case -they are permitted to do so, they 
nmst pursue the course of study adopted for such schools, 
and must in all respects be subject to the regulations of 
the schools. 

11. The lowest age at which children are admitted to 
the schools, except in cities and towns in which the kin- 
dergarten work has been adopted, is six years. In the 
latter case they may be admitted when four years of age. 

AGENT. 

12. Section 1870 clearly prohibits a teacher from acting 
as agent for a publishing house during vacations. 

13. The law does not prohibit a teacher from acting as 
the agent of a publisher in all cases. It prohibits him 
from acting as an agent in introducing any article what- 
ever into the common schools of this State. He can sell 
their works to private individuals without violating the 
law. 

14. Under the terms of Section 1870 of the Political 



282 oPiNio>'s or state superintendents. 

Code, a teacher cannot, directly or indirectly, contract for 
or receive any gift or reward for introducing or recom- 
mending any Ijooks for use in the public schools; nor 
would a teacher conform to the spirit of the law if he were 
to accept commission from any firm for purchasing books 
for his school, even though those books be among the 
books recommended by the County Board of Education. 

ALIENS. 

15. The Board of Supervisors cannot legally appoint an 
alien upon the Board of Education. In this opinion the 
Attorney-General concurs. (Political Code, Sections 841 
and 4101.) 

16. There is no section of the law which prevents an 
alien from teaching in the schools of this State, 

17. The wife of a person who has not been naturalized 
can hold the office of Trustee, provided she herself is a 
citizen. If she is an alien she cannot hold the office. 

18. A woman of foreign birth is eligible to the office of 
Trustee if her husband is a naturalized citizen. The natu- 
ralization of the husband carries with it the naturalization 
of the wife. 

APPARATUS. 

19. The school apparatus mentioned in Section 1712 re- 
fers to, and by the term "apparatus" is meant, those 
material instruments which are used solely in the process 
of conveying instruction to the minds of the pupils, such 
as maps, globes, etc. 

20. Apparatus or books not on the list recommended by 
County Boards of Education cannot be purchased by Trus- 
tees; and the County Superintendent has the right to re- 
fuse to draw a requisition to pay for any purchased not 
on the list. It is his duty to refuse a requisition. 

21. The Library Fund cannot be used for the purpose 
of purchasing apparatus not strictly required in the pros- 
ecution of the work of the school, as indicated in the 
course of study. 

22. Boards of Trustees ought carefully to ascertain 
whether or not any articles of apparatus are required for 
their schools. Teachers ought to know, before asking for 
any apparatus, Mhether tlicy need what tliey ask for, and 



OPINIONS OF STATE SUrERINTEXDENTS. 283 

whether what they ask for will suit for the purpose for 
which it is asked. Trustees should purchase no apparatus 
unless the teachers, who are supposed to know what they 
need, desire to have such apparatus. Teachers and Trus- 
tees ought always to consult the needs of the school, and 
not listen to the importunities of agents. We find that 
frequently books and apparatus are purchased for the 
schools that are of no earthly use, and the money thus ex- 
pended is literally wasted. 

APPEALS. 

23. There is no power to which an appeal can be taken 
from the decision of a County Board of Education. These 
Boards are given full control of the matter of teachers' 
certificates within their respective jurisdictions. This 
power is conferred by Section 7 of the Constitution. 

24. A teacher most certainly has the right of appeal to 
the courts, as other citizens have ; but the law having pro- 
vided specially for cases that may arise, it would be better 
for the teacher to avail himself of this special right of 
appeal before invoking the expensive machinery of the 
courts. 

25. There is no provision of law allowing an appeal 
from facts found by a County Superintendent in regard to 
a controversy between the Trustees of a district and a 
teacher teaching therein. 

26. Teachers can appeal to County Superintendents in 
cases referred to in vSection 1698 of the Political Code, and 
to the State Superintendent only in cases where their sal- 
ary is withheld. 

APPORTIONMENT. 

27. State school moneys are apportioned to the several 
.counties by the Superintendent of Public Instruction in 
proportion to the number of census children in the respec- 
tive counties, as shown by the census of the year preced- 
ing the one for which the apportionment is made. 

28. County Superintendents make, and are responsible 
for, the apportionment of all the State and county moneys 
to the sevei-al districts in their respective counties, in ac- 
cordance with the provisions of the law. 



284 OPINIONS OF STATE SUrERINTEXDENTS. 

29. Neither the Superintendent of Public Instruction 
nor the County Superintendent of Schools has any dis- 
cretionary power in the apportionment of school moneys. 
The terms of the law are explicit and mandatory, and a 
violation of them is punishable as a misdemeanor and by 
removal from office. 

HO. Districts having less than ten census children are 
not entitled to any apportionment, except upon average 
daily attendance, as provided in Subdivision 4, of Section 
1858 of the Political Code. 

31. Tlie first three subdivisions of Section 1858 are un- 
doubtedly clear. Assuming then that the County Super- 
intendent has, lirst, ascertained the number of teachers 
each district is entitled to; and second, the total number 
of teachers in the county; and third, that he has given 
$500 to each district for every teacher assigned to it, ex- 
cept to those districts having ten and less than twenty 
census school children, to which last he has apportioned 
only $400; he will then, fourth, divide whatever balance 
of school money there may still remain by the number 
representing the average daily attendance of the ivhole 
county during the preceding school year, and multiply 
the quotient by the average daily attendance of each dis- 
trict during the same year, and the product will ba the 
amount of pro rata money to be given to the districts 
respectively. AU districts not lapsed, under Subdivision 
second, of Section 1543, are entitled to share in this p7'o 
rata apportionment. 

32. Two Trustees emploj^ed a teacher who had no cer- 
tificate. The employanent was contrary to the wishes of a 
very large majority of the district. After teaching some 
three months without a certificate, the teacher passed the 
examination before the County Board and obtained a 
second grade certificate. Three weeks after this the two 
Trustees drew and signed an order for $201 in payment 
for thes^e three loeeks, nothing having been paid for the 
three months during which the teacher had taught with- 
out a certificate. The whole proceedings concerning the 
appointment and payment of the teacher are irregular and 
illegal. If by reason of such proceedings a legal school 
is not maintained for six months the district will not l)e 
entitled to apportionment for the following year. The 



OPINIONS OF STATE SU1'EKINTENJ>ENTS. '285 

district would uot lose its organization; but if it loses its 
apportionment, school could be maintained only by raising 
money by special tax for that purpose, as provided in Sec- 
tions 1830 to 1839 of the Political Code. 

33. No apportionment of moneys can be made to any 

district, except on average daily attendance, unless there 
are in the district, at least, ten census children; and the 
law is inflexible. If a deviation might be made for eight 
or nine, it might he made for four or five. The line has 
to be drawn somewhere, and the Legislature, in its wis- 
dom, has fixed the limit at ten. 

34. Under the first subdivision of Section 1858, not less 
than ninety census children would entitle a district to two 
teachers. 

35. The meaning of Section 1858 of the Political Code 
is found by using the ordinary and popular signification 
of the word "guardianship." L e., protection, care, watch. 
The law undoubtedly intends to prevent any county from 
counting Indians who are for the time being residing 
therein as a tribe, or under the control of the Federal 
Government on reservations. But it would be contrary to 
the policy of the law to exclude individuals detached, not 
in tribal condition, living in the families and under the 
care and protection of whites. These are, or are liable to 
be, and should be, educated as such, and a pro rata of the 
school fund should be apportioned to them, and thereto 
they should be listed by the Census Marshals. 

36. When children are prevented from moving back to 
a district by annual snowstorms, the district cannot lose 
its scliool money, nor would it lapse because of the pro- 
visions of Section 1859 of the Political Code : "A district 
which is prevented by flood or prevailing epidemic from 
maintaining a school for the length of time designated in 
Section 1859, is nevertheless entitled to its apportionment. 

37. The districts will not lose their apportionment 
through the failure of the Census Marshal to report to the 
Superintendent at the time required bj' the law. The dis- 
trict should not sufi'er because of the neglect of the Census 
Marshal ; but the Census Marshal should be punished, 
under the provisions of the law, for his neglect. 



286 OPINIONS OF STATE SFFKHINTEN DENTS. 

88. When the attendance in a district school has been 
reduced to less than five scholars, by "fire, flood, or pre- 
vailing epidemic," the intent of Section 1859 of the Polit- 
ical Code would allow the district to receive its appor- 
tionment, as usual. But the diminution must have been 
because of the reasons above spoken of, and temporary in 
its character 

39. If the Trustees of a disti-ict continue to employ a 
-teacher who does not hold a legal certificate in full force, 

after the Superintendent has notified them of that fact, it 
would be well for him to notify them that the apportion- 
ment of school moneys will be withheld, unless they cease 
to employ the teacher ; and if they do not then discliarge 
the teacher, it will be the duty of the Superintendent to 
withhold the apportionment, under Section 1860 of the 
Political Code. 

40. If a district has twenty children between five and 
seventeen years of age, it is entitled to one teacher; if it 
has ninety, it is entitled to two teachers ; if it has one 
hundred and sixty, it is entitled to three teachers. 

41. State and county moneys must be apportioned, in 
the first place, on the basis of children between five and 
seventeen years of age. The surplus, after apportioning 
in this manner, is distributed on the basis of average daily 
attendance. 

42. A new district, formed by the subdivision of two 
old ones, each of which had maintained school during eight 
months of the preceding year, is entitled to apportion- 
ment at the same time with the others, and independently. 

43. " No school district," says Section 1860 of the Polit- 
ical Code, "is entitled to receive any apportionment of 
State or county school moneys, unless the teachers em- 
ployed in the schools of such district hold legal certificates 
of fitness for teaching in full force and effect." 

44. No school district is entitled to receive any appor- 
tionment of State or county school money which has not 
maintained a public school for, at least, six months during 
the next preceding school year, unless the district is a new 
one, formed by the division of an old one, and school has 
been maintained in the old district for at least six months. 



OPINIONS OF STATE SUPERINTENDENTS. 287 

45. The four hundred dollar teacher is allowed only in 
those districts in which there are less than twenty census 
children and as many as ten. This is a very liberal pro- 
vision of the law to secure to small settlements a school, 
to prevent the children from gi'owing up without educa- 
tion. But whenever a district has twenty or more census 
children, it has nothing to do with a four hundred dollar 
teacher. Such districts are entitled to $500 for one teach- 
er till they have more than eighty-nine census children ; 
to $1,000 for two teachers until they have more than one 
hundred and lift}' nine ; to $1,500 until they have more 
than two hundred and twenty-nine, etc. 

46. Section 1859 is intended for the relief of districts 
prevented by the elements from maintaining school; and 
although deep snows are not literally floods, yet the kind 
which fall in some districts effect the same result, and 
make it impossible for the pupils to attend. The reason 
and intent of the law are met in siach cases, and the dis- 
trict does not lose its apportionment. 

47. Districts do not receive the "pro rata" for each 
child in the same way as that in which the State appor- 
tionment is made. 

48. Two Trustees can close the school even if there be 
$500 to the credit of the district. The majority of the 
Trustees have control; but if an eight months' school is 
not maintained, the balance of the money on hand at the 
end of the year must be reapportioned by the County 
Superintendent. 

49. A district organized during the last school year has 
a right to the same apportionment of money as an older 
district. [But not of any moneys belonging to the year in 
which it was organized. — J. W. A.] 

50. It is not necessary that a new district should main- 
tain a school, at the expense of the district, for three 
months or any number of months in order to entitle the 
district to its pro rata of funds. The object of limiting 
the time within wdiich the new district can' be formed is 
to cause the district to be formed prior to the taking of 
the school census. 

51. If the district does not conduct an eight months' 
school during the school year, the moneys remaining in 



288 OPINIONS OF STATE SFPERINTENDENTS. 

the treasury to the credit of such district must be reap- 
portioned as other school moneys. 

52. A district that fails to maintain a school for six 
months is not entitled to receive any apportionment of 
State or county funds. Such district does not lapse, but 
during the next year it would have to maintain a school 
at its own expense in order to entitle it to an apportion- 
ment for the following year. 

53. Under Section 1858 of the Political Code, as 
amended, Statutes of 1889, page 195, Volume 5, Supple- 
ment to the Codes, in my opinion no power exists to ap- 
propriate State or county school money to a school district 
having less than ten census children, except that after the 
other districts have been provided for the school money 
remaining on hand is to be apportioned to the several dis- 
tricts in proportion to the average daily attendance in 
each district during the pi'eceding school year. (Deputy 
Attorney-General Sanders. ) 

54. A district cannot be deprived of its right to appor- 
tionment of funds simply because it has less than ten cen- 
sus children. It must receive its pro rata, according to 
the daily average attendance, of all moneys remaining 
after districts entitled to S500 or $400, respectively, have 
had these amounts apportioned to them. 

55. County school moneys may be used for any of the 
school purposes mentioned in the chapter of the Political 
Code relating to public scliools. This chapter does not, 
either expressly or by implication, authorize the use of 
county funds for the support of high schools. This being 
the case, the average attendance in high schools forms no 
factor in the apportionment of the county funds. Section 
1622 of the Political Code plainly states that the State 
fund must be used for the salary of teachers in the primary 
and grammar schools. Hence the average attendance in 
high schools cannot be taken into account in apportioning 
school funds, either State or county, among the several 
districts. 

56. The same principle obtains in subdivision 3 of Sec- 
tion 1858, second proviso, relative to a district having one 
seventji and a fraction of less than twenty census children, 
as does in the. case of a district having two seventies and 



OPINIONS OF STATE SUPERINTENDENTS. 289 

a fraction of less than twenty census children, or as does 
in the case of a district having any number of seventies and 
a fraction of less than twenty census children. If a small 
district has ten children and less than twenty, it is enti- 
tled to $400; if the district has twenty children and up to 
and including seventy, it is entitled to .$500; if the dis- 
trict has seventy childi'en and up to and including eighty- 
nine, it is entitled to $500, and to .$20 for each child in ex- 
cess of seventy, up to and including eighty-nine; if the 
district has ninety children and up to and including one 
hundred and forty, it is entitled to $1,000, etc. 

57. A new school district is not entitled to any appor- 
tionment of the funds, either State or county, for the 
school year in which it was formed. The object of form- 
ing the new district between the hrst day of December 
and the fifth day of April, in any year, is to enable a cen- 
sus of the children to be taken, in order to have a basis 
upon which to apportion the funds for the school year be- 
ginning on the first day of July next succeeding the for- 
mation of the new district. Children residing within the 
limits of the territory embraced in the new district are en- 
titled to attend school in the district from which the new 
district was formed until the first day of July next suc- 
ceeding the formation of the new district. If the residents 
of the new district think proper to begin the school therein 
prior to the first day of July, they must support it at their 
own expense. 

58. During the year next succeeding the formation of a 
new district, there can be no apportionment for average 
daily attendance, because the new district is not supposed 
to have any such attendance. 

59. Under the decision of the Attorney-General, the 
funds apportioned in July of any year, having accrued 
from taxes levied for the scliool year ending June 30th, 
and from interest accruing during said year, belong to the 
school year ending June 30th; and, although the appor- 
tionment is not made until July, these funds are to be 
used for the support of schools for the year ending June 
30th preceding. Any balance is cai'ried over to the credit 
of the districts for the year in which the apportionment is 
made. New districts are not entitled to any portion of 



290 OPINIONS OF STATE SUPERINTENDENTS. 

the July apportionment, as this apportionment belongs to 
the year in which the new district was formed. 

60. A district that has less than ten census children is 
not entitled to an apportionment of $400 or |500; but it is 
entitled to a pro rata apportionment of money remaining 
after the apportionment of $400 and -fSOO has been made 
to districts entitled thereto. 

ATTENDANCE, AVERAGE DAILY. 

(il. In cases where kindergarten classes have been estab- 
lished, the children under six years of age are to be regarded 
in the same light as children over seventeen. Chddren over 
seventeen have always been counted in estimating the 
average daily attendance. Pupils attending high schools 
are not counted, because neither city high schools nor 
other high schools are supported except as provided by 
law. The State Fund is never apportioned to high schools; 
nor do they receive any benefit from county funds. These 
schools in cities are supported by city taxes, and where 
formed under the County or Union High School Bills, 
they are supported as provided in those bills. 

62. The average daily attendance in high schools forms 
no factor in the apportionment of either State or county 
school moneys. The support of high schools is provided 
for in the Acts relative to high schools, or in the charters 
of cities, and the State and county funds are to be appro- 
priated to the maintenance of primary and grammar 
schools. 

BIBLE, THE. 

63. The Political Code does not prohibit reading of the 
Scriptures in the public schools. The law reads, that there 
shall be no sectarian or denominational instruction given 
in the schools. 

64. There is nothing in the law that prohibits the read- 
ing of the Bible in the public schools. The Bible is not a 
sectarian book, nor is the Lord's Prayer referred to in the 
law. 

65. The Legislature has never taken action relative to 
the use of the Bible in the public schools. Its use is a 
matter to be determined by the Trustees or the County 
Board of Education. 



OPINIONS OF STATK .SUPERINTENDENTS. 291 

BIENNIAL CONVENTION. 

66. By the fourteenth subdivision of Section 1533 of the 
Political Code, the law in a very explicit manner leaves no 
option to the County Superintendents about attending the 
biennial convention; the law is imperative. 

67. The Board of Supervisors of a county must pay the 
expenses of the County Super-intendent incurred in at- 
tending the biennial session called by the State Superin- 
tendent, under Section 1533 of the Political Code. I do 
not see anything in the County Government Act in con- 
flict with said section. (Attorney-General Johnson, De- 
cember, 1S88.) 

68. Superintendents cannot be paid a per diem for at- 
tending the biennial convention of Superintendents. This 
is one of their official duties. They are entitled only to 

/their necessary traveling and subsistence expenses. 

BILLS. 

69. The law relating to bills being itemized, except in 
the case of teachers' salaries, is mandatory, and cannot be 
suspended to accommodate Census Marshals, or District 
Clerks. The Superintendent should refuse to draw his 
requisition in favor of a Census Marshal unless the bill is 
itemized, or when the amount claimed is plainly in excess 
of a reasonable amount. 

70. An itemized account of everything purchased, or of 
work done for the Board of Trustees should always ac- 
company the Trustees' order. When Trustees purchase 
supplies for their schools, or have work done for the same, 
and they pay for the same, they cannot make out an order 
in favor of themselves, without at least presenting the 
receipted bill of the firm or the party employed. 

BLACKBOARDS. 

71. The Library Fund cannot be legally used in the pur- 
chase of a blackboard. 

72. Blackboards do not fall under the head of apparatus, 
and cannot be paid for out of the Library Fund. Black- 
boards are school furniture, and must be paid for out of 
the County Fund, after eight months' school has been 
taught. 



21)2 OPINIONS OF STATE SUTKHINTENDENTS. 

BOARDS OF EDUCATION, CITY. 

73. City Boards of Education are not required to elect 
teachers annually. 

74. Accordinti; to Section 1576 of the Political Code, as 
amended by the Legislature of 1893, parties residing in 
territory which has been annexed to a city for school pur- 
poses, are entitled to vote for members of Boards of Edu- 
cation and of Boards of Trustees. They vote at precincts 
designated in their own portion of the territory, each sep- 
arate portion of outside territory being an election precinct 
by itself. The legislative authority of the city or town 
designates the precincts; and the electors in the outside 
territory vote only for the members of the Board of Edu- 
cation, or Board of Trustees. 

BOARD OF EDUCATION, COUNTY. 

75. The acts of a person appointed by the Superintend- 
ent to till the place of an absent member of the Board of 
Education during liis absence would be illegal. 

76. The County Superintendent of Schools is a member 
of the Board of Education. Any three members are a 
quorum, and on all general business the vote of two mem- 
bers is the will of the Board ; but the law excepts the 
adoption of text-books, and the granting of, or revocation 
of, certificates. These grave matters require the united 
votes of those members wiio constitute a majority of the 
Board, whether all the members are present or not. If 
there are but three members present and they all vote to- 
getlier, well and good on any and all matters; but should 
the matter fall in the excepted cases named in Section 
1768, and only two vote together, then nothing is done on 
that particular matter. All acts of the Board heretofore 
done are valid, provided they follow the law as here ex- 
plained. 

77. The members of the County Board of Education 
have a legal claim for services rendered in examining the 
schools. 

78. When a member of the County Board of Education 
prepares students for examination by the Board of which 
he is a member, his action is, under Section 1776 of the 
Political Code, a misdemeanor. Upon conviction thereof 
his office shall be declared vacant. 



OPINIONS OF STATE STTERINTENDENTS. 293 

79. No member of a County Board of Education has the 
legal power to appoint a deputy to perform duties devolv- 
ing upon him as such member, unless it be the County 
Superintendent. The Deputy of the Superintendent can 
act as such member by virtue of his being such Deputy. 

80. When any member of a County Board of Education 
is engaged in preparing students to be examined by the 
Board of which he is a member, and in which examination 
he takes a part, he is guilty of unprofessional conduct in 
the highest degree, and renders himself liable to have his 
own certificate or diploma revoked. 

81. The County Superintendent is a member of the 
County Board of Education, with all the powers that be- 
long to other members. Section 1768 is explicit. 

82. There is nothing in the school law which makes the 
duties of any member of the County Board of Education 
conflict with the duties of Trustees. 

83. The County Superintendent is undoubtedly a mem- 
ber of the County Board of Education. (See Section 17(58 
of the Political Code, in which the language is specific and 
pointed.) The County Superintendent should participate 
to the fullest extent in the deliberations of the Board, and 
he should perform his part in the examination of all ap- 
plicants for teachers' certificates. 

84. As a member of a Count}' Board a party should 
have gained a residence in the county as well as in the 
State. 

85. The law provides that two members of the County 
Board, at least, must be teachei's holding first grade cer- 
tificates. Such teachers are entitled to pay for the time 
spent in attending to their duties as members of the Board. 

86. According to Section 1770 of the Political Code, the 
County Board of Education must meet semi-annuallj' for 
the examination of applicants for teachers' certificates. 
The law also prescribes other duties for the Board; hence 
the Board should meet more than t^\ ice, if necessary, and, 
of course, should receive pay for all their sessions. 

87. I do not think that the Board of Supervisors of a 
county can deprive members of the County Board of Edu- 
cation of their per diem for three days, for the reason that 



294 OPINIONS OF STATE SUPERINTENDENTS. 

it took three clays for them to prepare questions for appli- 
cants for teachers' certiticates. The law says "the Board 
of Supervisors shall allow a pyr diem of five dollars to 
each member of the County Board of Education," and 
does not say that the questions shall be prepared before- 
hand, nor does it limit the time for such meetings. 

88. County and City Boards of Education are supreme 
as far as the £;ranting of certificates is concerned. So also 
in the matter of recommending for life or educational 
diplomas. They may or may not i-ecommend, as in their 
judgment they deem proper. 

89. A resident of another county cannot be selected as 
a member of the County Board of Education. If no one 
in the county can be found capable of filling the position, 
let it remain unfilled. 

90. The County Board of Education must hold meetings 
semi-annually for the examination of teachers; but for 
other purposes they may meet as often as may be deemed 
necessary; there is no limit. 

91. As many days are allowed for sessions of the Board 
of Education as, in the judgment of the Board, may be 
deemed necessary. 

93. When members of the County Board of Education 
have been summoned to meet for the purpose of investi- 
gating charges preferred against a teacher, they are enti- 
tled to the regular per diem and traveling expenses. 

94. Members of the Board of Education are not entitled 
to any extra pay for night sessions. The per diem has no 
reference to sessions. 

95. Under the law the members of the County Boards 
hold their office for two years or until their successors have 
qualified. Members of County Boards are officers under 
the law and must qualify by taking the oath of office 
within ten days after appointment, otherwise the appoint- 
ment is null and void, and it would be the duty of the 
Superintendent to appoint. If at the expiration of two 
years the Board of Supervisors fail to appoint members of 
the Board, it is the duty of the Superintendent to appoint. 

90, The causes enumerated in Section 996 of the Polit- 
ical Code will operate in the case of members of County 



OPINIONS OF STATE SUPERINTENDENTS. 295 

Boards of Education. Non-residents cannot hold positions 
on such boards. All members of such boards must take 
the usual oath of office before entering upon the discharge 
of their duties; otherwise their appointment would be null 
and void after the period of ten days. 

97. Being Chairman or a member of a City Board of 
Examination does not preclude one from being a member 
of a County Board of Education. It would, however, be 
more in accord with what is appropriate that one should 
not be a member of both boards. 

98. The members of the County Board of Education are 
entitled to salary whenever, for any purpose connected 
with the schools, it becomes necessary for them to meet. 

BONDS. 

99. Money obtained by selling bonds can be used only 
for the purpose of erecting school-houses, or purchasing 
one or more school-houses, and furnishing the same, and 
liquidating the indebtedness of school-houses already built. 
This money is used in connection with school- houses only, 
as will appear by the language of Section 1880 of the Po- 
litical Code. Section 18.30 of the Political Code provides 
that the Board of Trustees of a district may call an elec- 
tion in a district, by which it shall be determined whether 
the people in that district will submit to a tax by which 
additional school facilities shall be furnished. The money 
raised by this tax can be expended only for the purposes 
for which it was raised; it cannot be used to pay interest 
on bonds. Section 1887 provides for the paj'ment of tliis 
interest by another method. The Board of Supervisors 
must provide a fund for the payment of this interest by 
levying a tax for that purpose at the same time that they 
levy taxes for the county purposes, 

100. If a new district is partially formed by the division 
of an old one, it becomes entitled to all property lying 
within its own boundaries, and is subject to the propor- 
tionate indebtedness of those portions of other districts 
which have been a part of it. A district issues bonds for 
the purpose of obtaining money with which to build a 
school-house; a part of this district has since become a 
part of a new one. As the debt lias not l>een paid, although 
a part of a new district, it is still liable for its share of the 

10 



296 OPINIONS OF STATK STPERIXTENDEXTS. 

indebtedness. This is in accordance with a plain principle 
of equity. (See Hughes v. Pawing, 93 Cal,, 414.) 

101. A Board of Supervisors should not change the 
amounts, denominations, etc., of bonds, from amounts, de- 
nominations, etc., set forth in the notices signed by the 
Board of Trustees. If they could so change them, there 
would be no use for the steps precedent taken by the 
Trustees; and the section providing for them in the Po- 
litical Code would have no effect given to it. It will be 
necessary for Trustees to commence de novo, and provide 
in their notices for bonds which will come within the limits 
of the taxable property in the district as shown by the last 
equalization assessment book of the county. 

102. When a district is divided the parts into which it 
is divided are not freed from responsibility by that act 
from the debts of the original district. The rights of par- 
ties cannot be affected or destroyed by the act of division. 
The new distiucts so formed are as responsible for the 
bonded indebtedness of the old district as was that dis- 
trict itself. (See Thompson v. Abbott, 61 Mo., 176; 
Stroud V. Stevens Point, 37 Wis., 367; Rogers v. People, 
68 111., 154; Hughes v. Ewing, 93 Cal, 414.) 

103. After notice given for an election for bonds to the 
sum of $2,000, a vote cannot be legally cast for $1,500. 

104. In case a school district has issued bonds for build- 
ing a school-house and subsequently a new district is 
formed from a part of said district, the tax to be levied 
under the law is to be upon the taxable property of the 
district, and if at the time of the levy a part of the prop- 
erty of the old district is in a new district, such property 
in the new district is not, in my opinion, liable to tax. 
(This opinion is confirmed in the case of Hughes v. Ewing, 
93 Cal., 414. — J. W. A.) Attorney-General Johnson, De- 
cember, 1888. 

105. There is nothing in the law prohibiting the chang- 
ing of the boundaries of a disti'ict prior to the time when 
bonds which may have been issued are paid; but in a case 
presented to A ttorney-General Hart in relation to bonds, 
he decided that the "inhabitants of the territory voting 
the bonds will have to pay them." (See Hughes v. Ewing, 
93 Cal., 414.) 



ttPlNIONS OF STATE STTPKRINTENDENTS. 297 

10(3. In my opinion Boai'ds of High Scliool Trustees, 
under Section 6 of the High School Act (Statutes of 1891, 
p. 183), have power to " submit to the electors of the dis- 
trict whether bonds of such district shall be issued and 
sold " for the purposes mentioned in Section 1880, Political 
Code. (Second Deputy Attorney-General Sanders.) 

BOOKCASES. 

107. A bookcase cannot be purchased with the library 
fund, it being furniture. 

108. A bookcase is part of the furniture of a school and 
cannot legally be purchased with the library fund. 

109. The library fund cannot be used for the purchase 
of bookcases. Bookcases do not come under the head of 
apparatus, but under that of " school furniture," or under 
that of " sucli other things as may be needed." 

110. The law will not permit the purchase of a library 
case from the library fund. Bookcases are school furni- 
ture, and, hence, cannot be paid for out of library moneys; 
they can be paid for out of the county fund after an eight 
months' school has been maintained. 

BOOKS, LIBRARY. 

111. District Trustees have power to purchase only the 
books that have been adopted by the County Board of 
Education. 

112. Section 1771 of the Political Code gives to County 
Boards of Education the power to prescribe the list of 
books for the school libraries. They alone have that 
power; the State Board of Education has only the power 
to recommend. The Trustees have no power to purchase 
books not on the list adopted by the County Board. But 
the Trustees may determine what books on the list adopted 
they will purchase. 

113. Books that are not on the list adopted by the 
County Board of Education cannot be paid for out of the 
librarj' fund. 

114. The law places the adoption of a list of books for 
libraries in the hands of the County Board of Education. 
When once adopted, the list must be adhered to. The 
law permits no one else to make a list, and the County 



298 OPINIONS OF STATE SHPEKINTENDENTS. 

Superintendent should not draw a requisition to pay for 
any book not to be found on the official list. 

115. Section 1771 of the Political Code, Subdivision 4, 
makes it the duty of the County Board of Education to 
adopt a list of books for the district school library. If it 
is their duty to adopt such list, it is the duty of Trustees 
and teachers to abide by that adoption. A Superintendent 
does his duty when he refuses to draw a warrant to pay 
for books or apparatus not on the adopted list. 

116. Trustees have not a legal right to purchase books 
or apparatus not adopted by the County Board of Educa- 
tion. Should they do so, the Superintendent should refuse 
to draw his requisition in payment of the amounts due. 

117. The County Fund, after an eight months' school 
has been taught, can be used for the purchase of apparatus, 
but not for the purchase of library books. (See opinion of 
Attorney-General Johnson in May number of the Journal 
in 1888, page 151.) 

118. It is the duty of County Boards of Education to 
adopt lists of books for school libraries. The Trustees are 
not at liberty to purchase books that have not been 
adopted by the County Board of Education, and the Su- 
perintendent must refuse to issue his requisition upon the 
Auditor for any warrant in payment for books not adopted 
by proper authority. 

119. Trustees are not at liberty, under the law, to pur- 
chase any books or apparatus that have not been adopted 
by the County Board of Education, even though such 
books or apparatus may have been recommended by the 
State Board of Education. 

120. There is no provision in the law which authorizes 
Boards of Education or Boards of Trustees to dispose of 
any library books by sale. In the case of a lapsed district, 
the Board of Supervisors of the county can dispose of the 
property of the district. 

121. The amended law provides that all orders for books 
or apparatus made by Boards of Trustees must be sub- 
mitted to the Superintendent of Schools for his approval 
before the books can be purchased. If this is not done, 
the Superintendent is authorized to refuse to draw a requis- 
ition in payment of the order. 



OPINIONS OF STATE SUPERINTENDENTS. 299 

122. Trustees cannot issue an order for books or appar- 
atus to exceed the amount of funds accruing to the district 
for the school year; if they do, the order is void as against 
the district. 

12.3. An order for books or apparatus not authorized at 
a regular or special meeting of the Board of Trustees is 
null and void. Xo business of any kind is valid unless 
ti'ansacted at a meeting of the Board, of which the mem- 
bers have had notice. 

BOOKS, SUPPLEMENTARY. 

124. Supplementary books of any kind can be purchased 
with the Library Fund, provided such books have been 
adopted by the County Board of Education. One copy of 
each book may be purchased, or a number of each book 
sufficient to supply a whole class in the school may be pur- 
chased. When purchased such books are library books, 
and must be marked as such. It is a violation of the law 
for teachers to require pupils to purchase any book, except 
those required by the course of study as regular text-books. 

125. Supplementary books may be purchased with the 
Library Fund (Section 1712); but sucli cannot be made to 
take the place of the adopted text-books, nor can they be 
adopted as texc-books. Under no circumstances can pu- 
pils be required to purchase supplementary books, or any 
books not coming within the purview of text-books proper. 
(See Chapter CCXXXVII, page 81, of School Law.) 

BUILDING. 

126. Under Subdivision 5, of Section 1617 of the Polit- 
ical Code, the Trustees may build a school-house when 
authorized by the vote of the district. Under Section 
1621, the Trustees must use the money received from 
county apportionments exclusiv^ely for the support of 
school for that school year until an eight months' school 
has been maintained. After school has been maintained 
for eight months, any balance remaining at the end of the 
year may be used to pay claims outstanding. If there is 
still a balance on hand, after the maintenance of an eight 
months' school, and after the payment of claims outstand- 
ing, the money remains to the credit of the district, and 
may be used tlie year succeeding. If in a district an eight 
months' school is kept year after year, and a balance ac- 



:^00 OPINIONS OF STATE SUPERINTENDENTS. 

cumulates to the credit of the district, the portion of this 
sum which was received from the county may be used for 
any of the purposes autliorized by this chapter. (Section 
1622.) One of the purposes so authorized is the building 
of a school-house by the Trustees when so directed by vote 
of the district. (Section 1617.) After the maintenance 
of an eight months' school, the portion of the balance 
which was received from the county is, under the above 
limitations, subject to such use. 

127. A district, after keeping school six months, cannot 
use any balance remaining on hand for building a school- 
house. The State and county moneys must be exclusively 
used for the support of the school until an eight months' 
school has been taught. 

128. Trustees have no power to enter into a contract for 
the building of a school-house immediately after a tax for 
that purpose has been voted. They must wait until the 
tax has been collected and paid into the County Treasury 
for the use of the district. It can then be used only for 
that purpose which was specified in the notice of election. 

129. From the balance of County Fund left after an 
eight months' school the building of a school-house can be 
paid for, if the money is due before the expiration of the 
fiscal year, and it has become a claim against the district 
outstanding. And so of fences and furniture. 

130. A Board of Trustees cannot build a school-house, 
and lawfully pay for the same out of money belonging to 
the district, without first being directed to do so by the 
qualified electors of the district. 

131. In case a building has been destroyed by fire, be- 
fore rebuilding a meeting must be called to determine the 
matter, in accordance with Section 1617 of the Political 
Code. 

132. Trustees should in no case build a school-house 
upon private property without first acquiring a legal right 
to the same, as the building could be claimed by the owner 
of the land. 

133. Section 1876 of the Political Code decides definitely 
that no Trustee can be interested in any contract made by 
the Board of which he is a member. Hence, a Trustee 



OPINIONS OF STATE SrPERINTENl)ENTS. 30l 

who is a carpenter cannot take a contract from his Board 
to build a school-house. 

134. Trustees cannot draw money to pay for the mater- 
ials to build a school-house before the work is done. Req- 
uisitions should be drawn only for materials furnished and 
work actually done. 

135. The legal course for Trustees, when about to build 
a school-house, is to advertise for plans and specifications. 

13C. The County Fund cannot be used to pay any lia- 
bilities of the district, or for the purpose of building, until 
after an eight months' school has .been taught. 

CENSUS. 

137. The law makes it the duty of the County Superin- 
tendent to have the census retaken if at any time he has 
reason to believe it has not been correctly taken. If the 
Trustees of a district wall testify to the Superintendent 
tliat the returns are wrong, it is his duty to have the cen- 
sus retaken or corrected, and then he must make his ap- 
portionment to correspond with the amended returns. 

138. In taking the census of a joint district, the children 
in each county must be reported separately. The number 
belonging in each county must be given to that county, 
otherwise the State Superintendent cannot apportion the 
State School Fund correctly. 

139. Section 52 of the Political Code says : " The resi- 
dence of the father during his life, and after his death the 
residence of the mother, while she remains unmarried, is 
the residence of the unmarried minor child." Under this 
statute a minor child should be listed where his parents 
live. 

140. If the census of a district has been taken by a 
Trustee without his having been appointed and qualified 
as a Census Marshal, the census so taken would be illegal. 

CENSUS CHILDREN. 

141. In the matter of orphan asylums. Section 1638 of 
the Political Code governs. The sisters in charge of the 
institution are not guardians of the children within the 
meaning of the law, unless they have been duly appointed 
by a competent court, and unless there is proof of such 
appointment the children should not be included in the 



302 OPINIONS OF STATE SUPERINTENDENTS. 

Census Marshal's report. (Attorney-General A. L. Hart, 
August, 1881.) 

142. When children of a family are taken by the Census 
Marshal in one district on the irnorning of the 15th of 
April, and the same family moves into another district in 
the afternoon of the loth, the Marshal in the district to 
which they have moved should not list the children, they 
having already been listed in the other district. 

143. If children who reside in the district on the summit 
of the Sierras during the summer leave the district in the 
winter because of the snow, with the intention of returnbuj 
again, it matters not when they return, whether later this 
year or earlier than usual, they are still residents of the 
district, and the Census Marshal can enumerate them, 
whether in the district or out of it. 

144. The Census Marshal must not include in his report 
children who are attending orphan asylums in his district, 
but whose parents or guardians do not remle therein. 
There is no other view that can be taken of Section 1G38 
of the School Law. 

145. If sisters who have charge of an orphan asylum 
have been appointed, by will or by deed, to take efifect 
upon the death of the parent appointing, they are to be 
considered the guardians of the children under their charge. 
If the child be legitimate the sisters may be appointed 
guardian, in the above manner, with the written consent 
of the mother, by the father ; or if either parent be dead 
the written consent is not necessary. If the child is ille- 
gitimate the sisters may be appointed guardians through 
the last will of the mother, or by a deed to take effect 
iipon the death of the mother. In other cases there is no 
law by which the sisters become guardians. If they were 
to be considered guardians of all the children in their dis- 
trict who did not have other guardians in the district, 
Section 1638 would be useless and a nullity. In the con- 
struction of a statute the object is simply to ascertain and 
declare what is in terms or in substance contained therein, 
not to insert what has been omitted or to omit what has 
been inserted ; and where there are several provisions or 
particulars, such a construction is, if possible, to be adopt- 
ed as will give effect to all. (See Section 1858, Code of 
Civil Procedure.) Tlie reason for Section 1G38 is that as 



OPINIONS OF STATE SUPERINTENDENTS. 303 

orphans in attendance at asylums receive every year for 
their snpport and education from the State the sums of $15 
for half orplians and $100 for whole orphans, and as they 
are being educated in those asylums, the district should not 
have apportioned to it an additional snm to pay for their 
support in public schools which they do not attend. If, 
however, they should cease to be educated in the asylums 
and should go to the public schools to be educated, the 
Census Marshal woultl have to list them ; and a certain 
sum would have to be apportioned in consequence for their 
support, while the asylum would cease to receive the sum 
which had formerly been provided for that purpose. [The 
last part of this opinion is doubtful. J. W. A.] 

146. Mongolians between five and seventeen who are 
native horn in the United States are to be listed in the 
proper column. 

147. When children attending at an orphan asylum have 
parents or guardians residing without the district, the 
Census Marshal in the district in which the asylum is 
must omit those names from his list. If the parents or 
guardians reside in the district, they must be listed. 

148. No Census Marshal must count children in the 
census returns when said children are in the district only 
on a visit, and whose parents reside in other districts. 
Such a proceeding would be illegal and dishonest. 

149. Children should have arrived at thefall age of five 
years before being enrolled by the Census Marshal; and 
they should not be listed if they are one day over seven- 
teen years of age. 

150. If a family moves into a district on the loth day of 
April, or before the close of the 30th day of April, the 
children in such family should be listed by the Marshal in 
that district, unless the children were listed in the other 
district prior to the removal of the family therefrom. 

CENSUS MARSHAL. 

151. Trustees have no right to employ one of their num- 
ber as Census Marshal. It is forbidden by Section 1876 
of the Political Code. 

152. A Census Marshal must not include in his report 
all the children who are in an orphan asylum which is lo- 
cated in his district, but those only whose remaining 



*^04 OPINIONS OK STATK SI' PliKJNTKN DENTS. 

parent (if half orphans) or guardian (if they have any) re- 
sides in his distriet. The other ehiklren will be ineluded 
in the reports of the Census Marshals from whose districts 
they came to the asylum, and in which the remaining 
parent or guardian resides. 

153. In joint districts the Census Marshal must report 
to each County Superintendent the whole number of census 
chihlren in the district; and, also, the number of children 
in the county of which the party to Avhorn the report is 
made is Superintendent. This is necessary in order that 
the Superintendents may properly apportion the school 
moneys to such districts in accordance with Section 1583 
of the Political Code. 

154. A young man being only eighteen years of age, 
though thoroughly competent otherwise, is not eligible as 
Census Marshal. Section 8il of the Political Code reads: 
" No person is capable of holding a civil office who, at the 
time of his election or appointment, is not of the age of 
twenty-one j^ears, and a citizen of this State." 

155. No indebtedness incurred in one fiscal year can be 
paid for out of revenues provided for another. (See Sec- 
tion 18, Art. XI, State Constitution.) Consequently the 
census taken in May, 1884, cannot be paid for out of 
county apportionment of the present school year. 

156. The law provides that Trustees cannot be inter- 
ested in contracts made by them. For this reason Trustees 
cannot be paid to act as Census Marshals. If, however, 
they are willing to act without pay, I see no reason 
against it. 

157. When a Trustee takes the Census and violates the 
law by paying himself out of the school fund, , the District 
Attorney should be consulted. 

158. A boy sixteen years of age cannot be employed to 
take the census. 

159. A School Census Marshal is a civil officer. 

160. A female but eighteen years of age cannot legally 
act as a School Census Marshal. Section 841 of the Po- 
litical Code makes it necessary that any person to be eligi- 
ble to any public office must have attained the age of 
twenty-one years. A woman who is of the age of twenty- 
one years may legally act as Census Marshal. 



OPINIOXS OF STATE .SUPKRIXTEXDENTS. 305 

161. Members of Boards of Trustees cannot make con- 
tracts with themselves; therefore they cannot legally re- 
ceive pay for taking tlie school census. If, however, a 
Trustee volunteers to take the census, it is the opinion 
of the Attorney-General that the census returns would be 
valid. 

162. No Trustee can act as Census Marshal, unless he 
chooses to do so without compensation. 

163. Census Marshals should be paid out of the county 
fund of the district. 

16-4. If a Trustee takes the census, he cannot take anj^ 
pay therefor; but the wife of a Clerk or Trustee may take 
the census and receive compensation therefor. 

165. There is no provision in the law for the appoint- 
ment of Deputy Census Marshals; but all necessary as- 
sistance should be given to complete the work in the time 
required by law.* 

166. If a School Trustee or District Clerk acts as Census 
Marshal, he cannot, under the law, receive any pay for 
such work. 

167. A Census ^Marshal must be twenty-one years of 
age. If the Trustees have appointed a Marshal who is 
under twenty-one years of age, he cannot qualify, and the 
Trustees should till the vacancy at once. If they fail to 
do so, they are liable under Section 1624 of the Political 
Code. 

168. There is no law authorizing the election of a Cen- 
sus Marshal by tlie people. This officer must be appointed 
by the Boaixl of Trustees, on or before the first day of 
April in each j^ear. 

169. The Board of Trustees has no right to draw upon 
the funds of next year to pay Census Marshals for this 
year, and the Superintendents ought to see that such 
orders are not honored. 

170. Census Marshals cannot be paid for this year's 
M'ork from next year's funds until after an eight months' 
school has been maintained; should there be a balance, it 
can be appropriated to the payment of outstanding claims. 

171. If a district loses its apportionment in conse({uence 
of the failure of tlic Trustees to appoint a Census Marshal 



oOG OPINIONS OF STATE SUPERINTENDENTS. 

in proper time, the Trustees are liable for the full amount 
which the district would have received had such failure 
not occurred; and this sum can be recovered by suit at 
law against said Trustees. 

172. The Census Marshal, except in cities having Boards 
of Education, is not required to report the results of his 
work to any parties except the Superintendent of Schools. 
(See Section 1634 of the Political Code, subdivision 2.) 
Superintendents must report the census returns to the 
Superintendent of Public Instruction and to the Board of 
Supervisors. The Census Marshals must report on or be- 
fore the 10th day of May; the Superintendents must re- 
port before the 1st day of July. 

173. Should it be necessary for a Superintendent to re- 
ject the census returns as presented by the Census Marshal 
of a district, such Census Marshal's salary should not be 
allowed. The salary of the Marshal appointed by the 
Superintendent to retake the census in such district must 
be paid, if his work is approved, out of the county fund of 
the district as other claims upon that fund are paid. (See 
subdivision 5 of Section 1636, and Section 1639 of the Po- 
litical Code.) 

174. If the census has been taken by a Trustee who has 
been appointed to take it, such Trustee can receive no 
compensation for his work; otherwise he would be in- 
terested in his own contract, and such interest is contrary 
to law. 

175. If a Census Marshal has been appointed to take 
the census of a district, he alone can take the census; the 
authority to do so cannot be delegated to another, either 
in part or in whole. 

176. If the son of one of the Trustees of a district has 
been appointed to take the census, such son must be 
twenty-one years of age. 

177. If a Trustee refuses to sign an order for the salary 
of a Census Marshal whose work has been approved, it is 
sufficient if a majority of the Trustees sign such order. If 
two or more of the Trustees refuse to sign such order, the 
Marslial can have recourse to the law. 

178. Should it be necessary for the County Superin- 
tendent to reject the census of any district as taken by 



OPINIONS OF STATE SUPERINTENDENTS. 30" 

the Census Marshal appointed for such district, such 
Census Marshal's salary must be withheld. No requisi- 
tion must be drawn for the salary of a Census Marshal 
until his work has been approved by the County Superin- 
tendent. 

179. The salary of a Census Marshal appointed by the 
Superintendent to retake the census of any district must 
be paid out of the county fund of the district, as other 
claims upon the fund are paid (see Section 1636, subdi- 
vision 5, and Section 1639); but no requisition for such 
Marshal should be ordered paid until his work has been 
approved. 

ISO. There is nothing in the law which makes it illegal 
for a Trustee to act as a Census Marshal, but a Trustee 
acting in the capacity of Census Marshal cannot receive 
any compensation for his services. 

181. If a Trustee, acting as a Census Marshal, fails to 
qualify, the census taken by him would be illegal, and 
must be rejected by the Superintendent. 

182. The census taken by any party who is not twenty- 
one years of age is illegal, and must be rejected. 

183. A County Superintendent cannot legally issue a 
requisition for the salary of a Census Marshal without an 
order from the Board of Trustees or the Boai'd of Educa- 
tion, except as provided in sujodi vision 5 of Section 1636 
of the Political Code. 

184. A woman of foreign birth, whose husband is a nat- 
uralized citizen, is, by virtue of the husband's citizenship, 
a citizen, and may be appointed as Census Marshal. 

185. No Trustee, nor any other person, can act as sub- 
stitute for a Census Marshal. The Census Marshal him- 
self, or herself, must take the census, and cannot delegate 
that duty to any one else. If any one, except the properly 
appointed Marshal, should take the census, it is the duty 
of the Superintendent to reject the census so taken, and 
order a new census. 

CERTIFICATES. 

186. All certificates, after the expiration of the time for 
which the)' were granted, are dead, and cannot be legally 
renewed. 



BOS OPINIONS OF STATE SUPERINTENDENTS. 

187. A certificate granted on one that has expired is not 
a renewed, but is a new certificate, issued without author- 
ity of law, and is therefore invalid. 

188. A teacher in a certain county, teaching upon a tem- 
porary certificate, and who held a valid certificate in an- 
other county, was unable, through illness, to be present at 
the examination in the county in which she was teaching. 
The Board of Education in the county in which she held 
the valid certificate issued to her a new certificate upon 
lier valid one. She then applied to the County Board in 
which she was teaching upon the temporary certificate for 
another temporary certificate upon the new certificate 
granted in the other county. Held, that it was not legal 
to grant a second temporary certificate, under Section 1543, 
Political Code. 

189. Any resohition providing for the renewal of a cer- 
tificate, which shall assume either to lengthen or shorten 
the time fixed by law for the validity of such certificate, 
is clearly illegal, and, therefore, null and void. It is, of 
course, within the power of the Board, for reasons which 
may seem to its members to be good and sufficient, to re- 
fuse to renew a certificate ; and it would seem that the 
same considerations which would lead a Board to see its 
duty in a refusal to license a teacher for the full legal 
time, should operate with equal weight and force to cause 
them to refuse any renewal and any license whatsoever. 

190. A County Board can grant a temporary certificate, 
valid until the next examination, even though the certif- 
icate upon which it is granted should expire before tlie 
time of tlie examination. It is by reason of holding the 
temporary certificate that the teacher is eligible to take a 
school and draw a salary, and not on account of the orig- 
inal certificate. 

191. An expired certificate is no certificate in law; it is 
simply an evidence that the person named therein was en- 
titled to teach in the public schools during the time spec- 
ified and no lonqer. The fact that a period of time was 
named during which it should remain valid, shows con- 
clusively that the Legislature considered time an impor- 
tant element in the contract. It would be quite as legal 
and proper for a notary to acknowledge instruments after 
the expiration of his commission as for a teacher to act 



OPINIONS OF STATE SU TEKI NTENDKNTS. 309 

upon an expired certificate, or for a Board or Superintend- 
ent to recognize it as in full force ; and a district in which 
a teacher should be employed upon no other credentials 
than an expired certificate, or one issued upon it, whether 
temporarily or otherwise, would be liable to the penalty 
expressed in Section 1860 of the Political Code, namely: 
" No district is entitled to receive any apportionment of 
State or county moneys, unless the teadters (all the teach- 
ers) in the schools of such district hold legal certificates of 
fitness for teaching in full force, and effect J^ It is entirely 
inexplicable how the last phrase can be tortured into in- 
cluding an expired certificate — one not in full force and 
effect. 

102. It is perfectly legal for a City Board to grant a 
first grade certificate for the period named in the law upon 
a certificate of another city that expires in a short time 
after granting the new certificate. The time for which all 
certificates are to be issued, w^hether upon examination or 
upon the credentials named in Section 1792, must be the 
time laid down in Section 1791. 

193. Under Section 1704 of the Political Code, no per- 
son is eligible to teach in any public school in this State, 
or to receive a certificate to teach, who has not attained 
the age of eighteen years. It would be contrary to the in- 
tent of the law to grant a certificate to a person, after that 
person had attained the age of majority, upon an exami- 
nation which had taken place before that age had been 
reached. If such a proceeding were permitted, the exam- 
ination might take place at any period of time prior to the 
time of granting the certificate. 

194. If a certificate is granted to renew an expired one 
it is invalid, and a recommendation to the State Board of 
Education, founded upon such a certificate, would be in- 
valid. 

195. In the matter of granting certificates a County 
Board of Education is clothed Avith a certain degree of dis- 
cretionary power— a power to act in accordance with the 
principles and dictates of their ow^n reason. If they have this 
discretionary power, they will be able to say that it is un- 
necessary for an api:)licant to pass an examination in cer- 
tain studies again in wdiich he has already been examined 
at a previous meeting of the Board and in which he has 



310 OPINIONS OF STATE SUPERINTENDENTS. 

obtained the required percentages. In other cases the 
Board will have the power to compel the applicant to 
again pass an examination in studies in which they have 
already been successful. Of course, in such matters the 
Board must be governed by a sound discretion. An ap- 
plicant who had years j)i"eviously passed a successful ex- 
amination, who had not since been engaged in teaching, 
who had since given no study to the subjects, could not 
stand on the same footing as a person who had passed in 
those subjects at the last meeting of the Board with high 
credit. It is a principle of common law, statute law, 
common sense and reason that in the administration of 
law no useless thing is required to be done. 

196. The same person cannot receive a temporary cer- 
tificate more than once in the same county, whether pre- 
senting a certificate of the same grade or of a higher grade. 

197. A Board of Education has no power to receive a 
certificate which has once expired ; to 7'eneio is not to re- 
vive. Parties desirous of renewal must make application 
before the expiration of the certificxtes, so that they may 
be renewed while there is yet life in them. 

198. There is no such thing as a " proper " certificate 
which is not a valid certificate. A certificate is a certifi- 
cate, and there is the end of the whole matter. A certifi- 
cate is an instrument provided for by law, which author- 
izes the person to whom it has been granted to teach in 
the public schools within certain limits. 

199. A temporary certificate cannot be granted upon a 
temporary certificate from another county. 

200. A temporary or a regular certificate may be issued 
on the diploma of the San Francisco Girls' High School. 

201. A person holding a certificate from the county of 
A received a temporary certificate from the county of B, 
and, appearing at the next examination in the county of B, 
failed. He then proposed to go before the Board in the 
county of C for examination, and, if he passes, will apply 
to the Board in the county of B for another temporary 
certificate. Section 1543 of the Political Code, Subdivis- 
ion 7, would prohibit the issuance of such a temporary 
certificate. 

202. The law does not permit the issuance of a tempo- 



OPINIONS OF STATE SUPERINTENDENTS. 311 

rary certificate more than once to the same party in the 
same county. 

203. A teacher wlio holds only a second grade or pri- 
mary grade certificate cannot l^e allowed to teach in 
schools of the grammar grade. 

204. The County Superintendent of Schools has no 
power to grant temporary certificates upon the county 
certificates of other States. 

205. It would be legal for a County Board to issue a 
certificate to an applicant whom they had one year pre- 
viously examined and found well quaUfied. The lapse of 
a year does not necessarily raise a presumption against the 
applicant's proficiency. 

200. Section 1704 of the Political Code says: " No per- 
son is eligible to teach in any public school in this State, 
or to receive a certificate to teach, who has not attained 
the age of eighteen years." There is nothing in the spirit 
of this section which will permit a person less than eight- 
een years of age to teach or to receive a certificate. The 
"spirit " of the law is that intention which the members 
of the Legislature had in their minds when they passed 
the law. 

207. There is nothing in the law limiting the number of 
times a certificate may be renewed. In the case of a second 
or primary grade certificate, a single renewal seems to be 
all the indulgence which could reasonably be asked ; after 
that the holder should obtain a first or grammar grade. 
Such is the practice in some of the County Boards. 

208. A certificate was on file for renewal on June 5th, 
1882, the date upon which the County Board met. The 
certificate was issued on June 5th, 1880. Although the 
Board was in session from June 5th, 1882, to June 10th, 
1882, they did not renew the certificate till June 10th, 
1882. They should have renewed it on the 5th of June, 
but as they did not, the innocent party should not suffer 
because of the neglect of the Board. This is one of the 
cases covered by Section 3529 of the Cival Code, which 
says that "that which ought to have been done is to be 
regarded as done in favor of him to whom, and against 
him from whom, tlie performance is due. 



312 OPINIONS OF STATE SUPERINTENDENTS. 

209. A County Board of Education cannot issue a sec- 
ond grade certificate upon a secon<l grade certificate of 
another county. 

210. Temporary certificates cannot be granted on State 
certificates of other States; nor can they be granted on 
county certificates of other States. 

211. Temporary certificates can be issued upon the cer- 
tificates of counties of ihix State only. The word "coun- 
ties " in the law does not refer to counties of other States. 

212. When a document is originally bad or invalid, no 
renewal can cure the defect. 

213. Section 7, Article IX, of the Constitution, does not 
give to Boards of Education the power to grant certificates 
upon any standard, and to whomsoever they choose. It 
gives them the power to grant certificates, but the statute 
says upon what grounds they must be granted ; and in 
using the power granted to them by the Constitution, the 
Board must move in the channel provided by statute. If 
the extraordinary proposition is to be maintained that the 
machinery which is provided for by legislation is to be ig- 
nored and that the Board has power to grant certificates 
as they will, their power becomes unlimited ; they can 
raise certificates from the lowest to the highest without 
examination ; they can grant certificates upon the quality 
of experience, a quality for which no law provides in con- 
nection with certificates ; or they may do away with qual- 
ity and grant certificates without it. In other words, if 
they act under the section of the Constitution alone, their 
power is unlimited. Of course, if the Legislature is to be 
obeyed, certificates cannot be raised from a lower to a 
higher grade without examination, and they cannot be 
granted without examination, except In those particular 
instances provided for in Section 1775 and Section 1792 of 
the Political Code. 

214. For a Board of Examination or Education to grant 
certificates in a manner which they know to be contrary to 
the provisions of the Political Code, in regard to the issu- 
ance of certificates, to intentionally disobey the law, would 
make their act a misdemeanor. 

215. Certificates cannot be raised from a lower to a 
higher grade without examination ; but it is not necessary 



OPINIONS OF STATE SITPERINTENDENTS. 313 

that a party holding a lower certificate should again be 
examined upon the studies upon which the lower certifi- 
cate was granted. It is sufiicient if the party pass an ex- 
amination upon the additional studies required for the 
higher certificate. 

216. A certificate, while in force and in the custody of 
the County Superintendent, was lost by fault of those in 
his office. Subsequent to the loss a renev^■al was granted 
by the County Board of Education upon the testimony of 
the Coimty Superintendent. If the renewal was made 
prior to the time at which the lost certificate expired, the 
County Superintendent should recognize its validity and 
draw his requisition in favor of the holder. 

217. The matter of issuing certificates is left exclusively 
in the hands of the County Boards, and it is not the province 
of the State Superintendent to direct these Boards to issue 
or not to issue certificates. 

218. It is unlawful to employ a teacher in the public 
schools who has not the qualifications prescribed by law, 
and who does not hold a valid certificate. 

219. A certificate having expired cannot be renewed. 
The renewal of a certificate must take place at or before 
the time of expiration, or be granted in advance, to take 
effect from and after the date of expiration. 

220. The County Board of Education has not the right 
to issue temporary certificates upon certificates granted in 
other States. 

221. City certificates renewed by a County Board of 
Education have the same force and effect after renewal 
that they had before being renewed. 

222. Those who hold city certificates are entitled by 
them to teach in city schools only. 

223. A certificate cannot be issued upon an educational 
diploma that has expired. 

224. A certificate is an instrument which is granted for 
a certain period of time. One second after the expiration 
of that time it is no longer a certificate. It is, after that 
period of time, of no more legal effect than a grocer's 
wrapping paper, and is of as much value as a certificate. 

22o. An expired certificate cannot be renewed ; that 



314 OPINIONS OF STATE SUPERINTENDEKTS. 

which is dead cannot have its life prolonged ; there is no 
life to prolong. That such is the intent of the law is evi- 
dent from the consideration that if a certificate could be 
renewed after being dead for a day, it could after the 
lapse of a year or of twenty years. The point has never 
been tried in the courts. 

226. The County Superintendent may issue temporary 
certificates to the holders of any certificates granted in 
other cities, counties, or cities and counties of this State, 
which are valid and in full force. These temporary cer- 
tificates cannot be granted on expired certificates, and 
they must be of like grade with the certificate upon which 
they are issued. 

227. It would be a very irregular act or proceeding for 
a Superintendent to annul a temporary certificate duly is- 
sued and which had been acted upon, until the teacher 
appeared for examination. 

228. A teacher has no right to teach in a public school 
of one county upon a certificate granted in another county. 

229. The failure of a teacher who holds a certificate 
granted in one county to pass an examination in another 
county, does not annul the certificate obtained in the for- 
mer. 

230. The Superintendent is authorized by law to grant 
temporary certificates upon those of like grade from other 
counties or cities. These are good only until the regular 
meeting of the County Board. They can be issued only 
once to the same person in the same county. 

231. No certificate can be granted upon an expired edu- 
cational diploma, for it is no longer a diploma. 

232. In regular course a teacher should apply for a per- 
manent certificate, or rather a regular certificate, to the 
county which granted the temporary one. It would seem, 
in the case of Si joint district, that if one of the counties 
declined to grant a certificate, oflftcial comity would forbid 
the other to interfere. 

233. A first grade county certificate may be legally is- 
sued on a lapsed educational diploma, provided that the 
applicant for such certificate files his application with the 
Secretary of the County l>oard of Education prior to the 



OPINIONS OF STATE SUPERINTENDENTS. 315 

time the educational diploma has expired; and provided 
further, that the County Board shall grant such certiHcate 
as of the date when such application was made. 

234. There is no provision in the law that authorizes 
the granting of a first grade certificate upon a temporary- 
certificate. 

235. A county certificate granted on a county certificate 
of another State is not a legal certificate; and the Super- 
intendent who draws a requisition in payment of the salary 
of a teacher holding such a certificate is guilty of a mis- 
demeanor. 

236. The number of times that any certificate may be 
renewed rests entirely within the discretion of the Board 
of Education. 

237. It is not legal for a teacher to teach any school 
under a lapsed certificate; and no warrants can be legally 
drawn in favor of a teacher who does teach under such 
certificate. 

238. A grammar grade certificate may be issued upon 
an educational diploma the day before the said diploma 
expires; but no certificate can be issued on expired educa- 
tional diplomas, or upon expired certificates. 

239. Applicants for primary certificates should be ex- 
amined in physiology. 

240. County Superintendents cannot grant temporary 
certificates on certificates from other States. The law al- 
lows the granting of temporary certificates only upon life 
diplomas, or normal school diplomas of other States. 

241. If an applicant cannot legally receive a certificate 
before he attains the age of eighteen years, he cannot le- 
gally be examined for such certificate till he has attained 
that age. It is a technical violation of the law to admit 
to an examination those who are not fully eighteen years 
of age. 

242. All applicants for any grade of certificate should be 
examined orally. The language of Section 1773 is ex- 
plicit. The Board must determine what proportion of the 
whole number of credits they will allow for the oral part. 

243. When a school certificate is granted by the County 
Board of Education, or by a majority thereof, it is the 



316 OnXlONS OF STATE SUPERINTENDENTS. 

duty of the County Superintendent to affix the seal and 
his signature thereto, and this he may be compelled to do 
by mandamus. (Attorney-General Johnson, Jan., 1889.) 

244. A certificate granted to a person under the age of 
eighteen years is altogether illegal. Section 1704 of the 
Political Code is specific, and there should be no evasion 
of its requirements. The Board of Education would have 
no right to renew such a certificate. 

245. A temporary certificate cannot legally be issued on 
a county certificate of any other State. 

246. First grade and grammar grade certificates are 
equivalents; and according to Section 1775 of the Political 
Code, any County Board has the power to grant a gram- 
mar grade certificate upon a first or grammar grade of 
another county. 

247. A person holding two certificates from a County 
Board goes before the Board of Education of another 
county and receives a temporary certificate on one of 
them. At the succeeding examination, having failed to 
pass, he presents his second certificate and demands a 
second temporary certificate. According to Section 1543, 
subdivision 7, he is not entitled to a second temporary 
certificate. 

248. County Boards of Education may make such re- 
strictions within the law, in the matter of granting certifi- 
cates, as they deem best; but it would be neither just nor 
wise to issue a certificate without examination, to the 
holder of a California Normal School diploma, who is a 
resident of the county, and refuse to issue one to the 
holder of such a diploma who is not a resident. The mat- 
ter of residence has nothing to do in determining the quali- 
lication of a teacher, or the issuance of a certificate. 

249. An applicant for a primary certificate should pass 
an examination in all the studies mentioned in Section 
1772 of the Political Code. 

250. Lapsed certificates have no value whatever; they 
are dead, and cannot be renewed. Boards of P^ducation 
have no power to restore life. 

251. It is not necessaiy for those who desire to teach in 
the cities of the State to hold county certificates, nor is it 



OPINIONS OV STATE SUPKRINTKNDENTS. 317 

necessary for the County Board of Education to approve 
the certificates issued by the City Board of Education. 

252. There is no law that continues a certificate, of any 
grade, in force beyond the time specified in Section 1771 
of the Political Code, unless the same shall have been re- 
newed prior to the expiration of the time for which it was 
granted. 

253. All teachers must hold certificates corresponding 
in grade with the grade of the school in which they may 
be teaching. 

254. No one can be permitted to teach in any public 
school, either as a regular or substitute teacher, unless he 
is a holder of a legal certificate in full force during the en- 
tire time of employment. The certificate must be filed in 
the office of the Superintendent by the teacher prior to 
taking charge of a school, or a class in any school. Whilst 
the law is silent in regard thereto, I am of opinion that 
temporary substitute teachers need not be required to file 
their certificates; but they must be the holders of cer- 
tificates. 

255. No City or County Board of Education, under Sec- 
tions 1792 or 1775, can grant any kind of certificate upon 
a high school certificate of any State, except California. 

256. Boards of Examination have no right to include 
high school branches in the examination of teachers for 
the grammar grade certificates. It is the presumption of 
law that teachers are to be examined upon the branches 
that legitimately belong to the grade of schools in which 
they desire to teach. 

257. I am of opinion that the Act of 1875-6, in relation 
to schools in Trinity and Shasta counties, is repealed by 
Section 1696, Political Code, which provides that "every 
teacher in the public schools must first, before assuming 
charge of a school, file his or her certificate with the 
County Superintendent." (See Statutes of 1891, p. 161.) 
Of course, the certificate must be of as high a grade as the 
school. A statute in this State can be repealed by impli- 
cation. (Attorney- General Hart.) 

258. It is legal to employ a teacher in city schools who 
holds a county certificate. In cities having special de- 



318 OPINIONS OF STATE SUPERINTENDENTS. 

partments, holders of county certificates may be examined 
by City Boards in the special studies of such departments. 

259 No City or County Board can grant any kind of 
certificate upon an expired certificate. 

260. No teacher can be legally employed in any school, 
or permitted to teach in any scliool, who is not the holder 
of a certificate corresponding in grade with the grade of 
the school or class. Whether the teacher be employed 
upon salary or not makes no difference. Every teacher, 
before assuming chai'ge of a school, whether as Principal 
or Assistant, must file his certificate with the Superin- 
tendent; and it matters not whether the teacher is to re- 
ceive any compensation or not. Officers having authority 
to employ teachers cannot nullify the law. It was in- 
tended by the requirement of a certificate of qualification 
to guard against the squandering of a sacred public fund 
upon persons assuming to teach without being capable of 
performing a teacher's duties, and to insure the employ- 
ment of competent persons only as teachers, thereby 
making the schools useful as instruments for the education 
of the young. An officer who, either expressly or by im- 
plication, sets at defiance, or waives an express statute, 
defining and limiting his official authority, violates his 
oath of office, and renders himself liable to be proceeded 
against for malfeasance in office. 

261. In cities, city certificates, or any certificates which 
authorize the holders to teach in cities, must be filed in 
the office of the City Superintendent. 

262. Every teacher employed in the public schools must 
be a holder of a valid legal certificate, in full force during 
the whole period of employment. No one can be per- 
mitted to teach, even gratis, in any public school, or to as- 
sist the teacher in charge of the school, unless such party 
is the holder of a certificate in full force. The certificate 
must be filed with the Superintendent. The Trustees can- 
not legally draw an order for the payment of any teacher 
who is not the holder of a certificate. Nor can they add 
to the salary of a teacher in order to enable such teacher 
to employ an assistant. In all such cases the Superin- 
tendent should decline to issue a requisition upon the 
County Auditor. 



OPINIONS OF STxVTE SUPERINTENDENTS. 319 

263. Sections 1775 and 1792 do not authorize Boards of 
Education to grant certificates upon any kind of certifi- 
cates from other States. 

264. By the terms of the Constitution of the State, 
County Boards of Education have the entire control over 
the issuing of certificates. They may adopt whatever 
standard they deem expedient. They cannot compel any 
one, of course, to pass an examination; but they may, if 
they think proper, refuse to grant or renew any certificate, 
unless the required examination is passed. 

265. No party can be employed to teach vocal music or 
any other branch in the public schools, unless such party 
is the holder of a legal certificate in full force. The cer- 
tificate may be either regular or special. 

266. There is nothing to hinder a County Board of Edu- 
cation from granting a certificate upon a State Normal 
School diploma of any other State; and certainly there 
is nothing to hinder a County Superintendent, when 
authorized by his County Board of Education, from grant- 
ing a temporary certificate upon any credential that can 
be recognized by the County Board of Education. 

267. A temporary certificate can be granted only once 
to any party in tlie same count]]. This is the rendering 
that has usually been given to Section 1543, subdivision 8. 
The law is silent as to whether or not a party who has had 
a temporary certificate granted in one county can after- 
ward have a temporary certificate granted in another 
county. 

268. According to subdivision 7 of Section 1543, the 
County Superintendent has pov^er to issue a temporary 
high school certificate to the holder of a high school cer- 
tificate from another county in this State. 

269. State certificates of other States cannot be recog- 
nized as credentials upon which to issue any kind of cer- 
tificate in this State. 

270. A County Board cannot grant a certificate of any 
grade to any party without examination, except as pro- 
vided in Section 1775 of the Political Code. This section 
does not authorize the recognition by any Board of any 
kind of diploma from any institution outside the limits of 
the United States, nor of any institution within the limits 



820 OPINIONS OF STATE ST'PERINTENDENTS. 

of the United States, unless such institution has been ac- 
credited by the State Board of Education of this State as 
being of the same rank as the University of California. 

271. In granting special certificates, the Board of Edu- 
cation niust indicate upon the certificate the special branch 
Vihich it authorizes the holder to teach; and the holder is 
not authorized to give instruction in any other branch 
than that indicated in the special certiricate. (See Section 
1771, subdivision third, subhead 3, ot the Political Code.) 

CERTIFICATES, HIC4H SCHOOL. 

272. High school certificates granted to holders of 
grammar school course certificates, in lieu of the latter, 
should be for tlie period of six years and not for the re- 
mainder of the time which the grammar school course cer- 
tificate may extend prior to its expiration. The high ' 
school certificates should be granted by the Board that 
granted the grammar school course certificate, though 
there is nothing in the law which hinders any Board from 
granting them. 

273. It is the intention to grant high school certificates to 
those parties who hold grammar school course certificates, 
and the parties who hold grammar school course certificates 
shall be entitled to the high school certificates. The mat- 
ter was discussed in the Committees on Education in both 
houses of the Legislature, and it was understood and in- 
tended and expressed at the time that the grammar school 
course certificates were the full equivalents of high school 
certificates, and that, therefore, the parties hokling them 
should be entitled to receive high school certificates in lieu 
of them. Rights acquired under the grammar school 
course certificate could not be taken away, and the Legis- 
lature simply agreed that high school certificates should 
issue in lieu of them. There is nothing said in the law in 
reference to extending the time for which such high school 
certificates would be valid, but it was understood and in- 
tended that the high school certificates should be granted 
for the full time for which such certificate could be granted 
under the law, that is, for six years. 

274. Boards of Education have the power to issue cer- 
tificates upon normal school diplomas and to fix the grade 
thereof. It has never been customary, however, in this 



OPINIONS OK STATE Sl^l'EKl NTKNDENTS. .S21 

Statu, for any Board of Education to issue liigli school cer- 
tificates upon those diplomas, nor would it be wise to do 
so. Boards of Education should requii-e all applicants for 
high school certificates to pass examination in all studies 
required by the County or City Boards for high school 
certificates not included among those required for grammar 
school certificates. 

275. When a Board of Education grants a high school 
certificate upon a grammar school course certificate, the 
letter should not be returned to the party to whom it had 
been issued, but it should be canceled and filed in the 
office of the Suj^erintendent as a voucher for tlie issuance 
of the high school certificate. 

276. Teachers holding county high school certificates, 
but not holding a city certificate, can be Principals of a 
city high school, unless there are special studies to be 
taught by them. In that case they " may be examined 
by the City Board of Examination in the special studies of 
such department." (Statutes of 1891, p. 163; Sec. 1775, 
Political Code.) First Deputy Attorney-General Layson. 

277. The issuing of a high school certificate upon a 
normal school diploma is manifestly illegal. (See Section 
1775 of the Political Code, as amended March 23d, 1893.) 

CERTIFICATES, RENEWAL OF. 

278. In the renewal of certificates, it would seem highly 
proper that an examination should be required in branches 
of study inserted in the law subsequent to the issue of 
such certificates. 

279. A lapsed certificate — one that has completely ex- 
pired — cannot be renewed. It was for a stated period; its 
time having run out, it no longer has validity or life; it 
does not exist. 

280. A second grade certificate cannot be renewed after 
it has expired. When a certificate is once allowed to ex- 
pire it is then dead forever, and the holder must begin 
over again, the same as if he had never held a certificate. 

281. There is no law providing for the renewal of an 
expired certificate. Such a certificate is of no value w^hat- 
ever except to show the time during which it was a legal 
credential. 



822 OPINIONS OF STATK ST^PEKINTENDENTS. 

282. The matter of renewing certificates is entirely in 
the hands of the County Board ot Education, and they can 
make such rules for the renewal of certificates as they 
think best. It is eminently proper to require an exami- 
nation in the additional studies, since these studies are 
now to be taught in the schools. 

283. A renewed certificate is practically a new certili- 
cate, and it has always been so considered. True, it is not 
a certificate obtained upon examination, but it is a certifi- 
cate obtained under Section 1775. The Board takes pre- 
cisely the same steps under that section to renew a certifi- 
cate as they Avould m ere they about to issue a certificate 
upon the credentials named therein. The applicant is an 
applicant for a certificate upon a credential held by him 
and upon presentation of which the Board is authorized to 
grant him a new certificate, if they think proper to do so. 
This may be done either by rencw'uKj the old one or by grant- 
ing him an entirely new one on a new paper. There ca.n be 
no reason why the applicant should not pay the required 
fee. The applicant gets the benefit of that fee either from 
the Teachers' Library or from the Institute, to both of 
which he ought to contribute this veiy small fund for the 
privilege of having his certificate renewed. 

284. The State Board of Education has not at auy time 
adopted a rule to the effect that second grade certificates 
should not be reissued. This is a matter of law and the 
State Board have no authority for passing such a rule. 
They have adopted a rule to the effect that Educational 
Diplomas will not be renewed. 

285. The renewal of a certificate which has not expired 
is entii-ely within the option of the Board of Education of 
the county or the Board of Examiners of a city. Boards 
cannot be compelled to renew certificates. 

286. Parties desiring to have their certificates renewed 
must file them and make application for renewal prior to 
the time of expiration. If this is done the certificate will 
not lapse in consequence of failure of the Board to act 
prior to the expiration, the filing of the certificate and the 
application for renewal retaining the vitality of the certif- 
icate . 

287. It has frequentlj^ been decided by this office that a 



OPINIONS OF STATE SUTERINTENDENTS. 323 

renewed certificate is to all intents a new certificate, and 
that the fee of two dollars must accompany every applica- 
tion for renewal of certificates. 

288. The matter of renewal of certificates is, under the 
law, entirely under the control of the County and City 
Boards of Education. They may or may not renew, as in 
their judgment the interests of the schools may demand. 
Common sense and common justice, however, would sug- 
gest that a refusal to renew should be predicated upon 
good grounds, and not upon any personal bias. 

289. In case of refusal to renew a certificate, the fee 
which accompanied the application for renewal should be 
returned to the applicant. 

290. If a certificate has been filed in the oflfice of the 
Superintendent for renewal prior to the time of its expira- 
tion, the County or City Board have the right to renew it 
although it may have expired prior to their next meeting. 

291. There can be no question of the fact that, if a cer- 
tificate has been filed for renewal prior to its expiration, 
the County or City Board can legally renew it. 

292. A certificate granted under the statutes of 1891 for 
three years, must be renewed or filed for renewal before 
the expiration of the three years. When renewed it may 
be renewed for the period of six years. 

CERTIFICATES, REVOCATION OF. 

293. Before a teacher's certificate is revoked, he should 
be notified by the Board of Education that they intend to 
consider the matter of its revocation. They should present 
him with written copies of the charges against him, and 
give him all of the time necessary to prepare for his de- 
fense. He should be confronted with the witnesses 
against him, and be permitted, in person or by attorney, 
to cross-examine them. The fact that a member of the 
Board is familiar with the facts will not disqualify him 
from passing upon the case if he acts in accordance with 
the oath that he has taken. If a teacher is habitually 
drunk, this will be a cause, perhaps, for the revocation of 
his diploma or certificate; but cases of habitual drunken- 
ness seldom exist, if at all ; and the question whether the 
teacher is drunk to a sufficient extent to have his certifi- 
cate taken from him will have to be passed upon by the 



324 OPINIONS OF STATE SFPERIXTENDENTS. 

Board. At any rate, the person against whom the charges 
are made should have every opportunity to make his de- 
fense; for to narrow his opportunity for defense savors of 
tryanny, looks suspicious, and is contrary to the founda- 
tion principle of American justice. 

294. If the certificate of a teacher is revoked, the State 
Board of Education will revoke the diplomas of the ac- 
cused, unless he shows, within ninety days, a good reason 
why they should not take such action. 

295. If a teacher is guilty of immoral or unprofessional 
conduct, the County Board should revoke whatever certif- 
icate may have been granted him in that county; and they 
should appeal to the State Board to revoke any State di- 
ploma that he may hold. 

296. A County Board can revoke only such certificates 
as have been granted by themselves. They cannot revoke 
life or educational diplomas. This is the province of the 
State Board. 

297. Certificates can be revoked only for immoral or 
unprofessional conduct, or incompetency; and in order to 
do this regular charges must be preferred and a legal in- 
vestigation carried on. Hence, if a teacher applying for a 
grammar grade certificate takes the whole examination 
over again (even though he has alreadj'- secured a primary 
or grammar grade), in order to raise his standard, and 
fails, his former certificate will not be revoked. 

298. If a County Board of Education has revoked a 
county certificate granted by them on a life diploma, issued 
previous to 1880, the holder can still teach and legally 
receive his salary. If any teacher has received the penalty 
for immoral or unprofessional conduct, etc., in the revoca- 
tion of his county certificate, the Boai-d which revoked 
the certificate should have brought the matter to tlie at- 
tention of the State Board and reported their action with 
regard to the county certificate, so that the life diploma 
might also be revoked. While any one holds an unre- 
voked life diploma he is entitled to its privileges. 

299. County and City Boards of Education have no 
right or power to revoke a certificate without the knowl- 
edge of, and without due notice to, the holder thereof. 
No court in the land would sustain such an action. 



OPINIONS OF STATE SUPERINTENDENTS. 325 

CERTIFICATES, SPECIAL. 

300. While I think the granting of special certificates 
to teach such studies as must be taught is not to be en- 
couraged, but should be held to apply more properly to 
Huch studies as are not in the established curriculum, yet I 
think the power is given to County Boards of Education, 
whenever they think it advisable, to grant special certifi- 
cates. The County Boards have power to gi-ant special 
certificates valid for three [now six — J. W. A.] years, 
which will entitle the holder to teach such special branches 
as may be required by City or County Boards of Educa- 
tion. The wants of the schools may be such as to require 
reading and elocution to be made special branches. Or- 
dinarily it may be otherwise. (Attorney-General John- 
son, May, 1890.) 

301. It never was the intention of the law that special 
certificates should be granted, except when specially nec- 
essary. Such certificates should not be granted, except 
in such branches as are not ordinarily, and under the law, 
required for regular certificates. To grant these certifi- 
cates in music, drawing, reading, physics, etc., would not 
be proper, except when the special occasion renders it 
necessary in the conduct of the school in which such 
studies are specially assigned, or when teachers are as- 
signed to special work, as, for instance, high schools in 
which the work is distributed in certain departments. If 
the granting of such certificates is not closely confined, we 
shall soon see the State overrun with a class of specialists, 
to the great detriment of the schools. 

CHINESE CHILDREN. 

302. According to Section 1662 of the Political Code, 
Trustees of schools must either form separate schools for 
Chinese children or else the Chinese children nmst be ad- 
mitted into the schools along with the white children. 
By reference to the case of Tape v. Hurley, 66 Cal., 473, 
it will be seen that the Supreme Court has decided that 
Chinese children, born in this city, must be admitted to 
the schools, unless separate schools are maintained; see 
also. Section 1662, which implies that all Chinese children, 
whether born in this country or not, should be admitted 
to the schools. 



326 OPINIONS OF STATE SUPERINTENDENTS. 

CLAIMS, OUTSTANDING. 

303. The Trustees are right in refusing to pay an in- 
debtedness that accrued last year out of funds of the cur- 
rent year. 

304. When there is a balance in the County Fund, after 
an eight months' school has been maintained in a district, 
such balance may be used to pay outstanding claims for 
that year; or it may be used in maintaining schools for 
the subsequent j'^ear; the balance, unless used to pay out- 
standing claims, must be governed by the same rules as 
apply to other funds of the year succeeding the one in 
which it occurred as a balance. 

CLERK, SCHOOL. 

305. The Trustees have no right to employ an outside 
person as Clerk of the Board, and there is no fund to pay 
for such service. 

306. An election for Clerk of the Board of Trustees can 
be legally held only on the lirst Saturday in July, If the 
Clerk is not then elected the Superintendent must appoint 
one. 

307. A Clerk of a Board of Trustees can resign if he 
choose to do so; and he would still remain as Trustee, un- 
less he choose to resign from that position also. 

308. The Clerk of the Board of Trustees is the proper 
party to serve all notices of any action of the Trustees. 
Teachers need pay no attention to orders given by indi- 
vidual Trustees. 

309. When a legal holiday falls upon a Saturday the 
act appointed to be done can be done on the Monday fol- 
lowing. (See Section 13 of the Political Code.) The elec- 
tion of District Clerk in such a case would be properly 
held on the Monday following the legal holiday. 

310. The Clerk of the Board of Trustees has not the 
right to purchase wood or any other articles, except such 
as are ordered by the Board of Trustees; and, according 
to the law, all business of the Board must be done in reg- 
ular or special session. Trustees have a right to use the 
County Fund after an eight months' school has been main- 
tained for the purpose of painting or repairing the school 
building or for that of improving the school property; but 
this is a very different thing from laying in an advance 



OPINIONS OF STATE SUPERINTENDENTS. .S27 

supply of wood because it can be procured a little cheaper 
by so doing. And the matter of painting or of improving 
the school property is one for the Board to determine in 
regular or special meeting, and not to be determined upon 
the curbstone or by the Clerk of the Board of Trustees. 
No individual of the Board of Trustees can do anythnig ; 
action must be authorized ])y the Board by a majority 
vote and in a regularly held meeting. (See the last part 
of Subdivision 1, Section 1617.) 

311. A vacancy occurring in the position of Clerk of the 
Board of Trustees by reason of the non-residence of the 
party elected to that position, or for any other reason, 
must be filled by the Superintendent of Schools. The 
Board of Trustees can elect a Clerk only on the first Sat- 
urday of July. 

COMPULSORY EDUCATIONAL LAW. 

312. The Compulsory Educational Law, approved March 
28, 1874, is still upon the statute books of the State, but 
its provisions have never been enforced. 

CONDUCT, UNPROFESSIONAL. 

313. Gambling in saloons continuously constitutes im- 
moral and unprofessional conduct; and such a charge, if 
sustained, will justify revocation of certificate, whether 
the holder is engaged in a private or a public school, or in 
any school. The Board has power over all certificates 
issued by them, so long as they are in force. 

CONTRACTS. 

314. A teacher entered into a written contract w ith a 
Board of Trustees to teach a school for six months, com- 
mencing July 12th, 1880. The Trustees, without con- 
sulting him, ordered a vacation of one week, for which 
time they did not intend to pay him. Attorney-General 
A. L. Hart, being applied to for his opinion, gave it thus: 
" In the case stated the teacher is entitled to pay during 
the vacation ordered by the Trustees of the district, unless 
he consented to the action of the Trustees declaring a va- 
cation. The consent of the teacher in such a case, if not 
expressly made, might be implied from his acts at the 
time; if he did not consent, his salary goes on the same as 
if there had been no vacation. " 



328 OPINIONS OK .STATK .SUPERINTENDENTS. 

315. Trustees cannot legally make a contract with a 
teacher to extend beyond the 30th day of June next suc- 
ceeding; nor can they make a gift of school moneys to a 
teacher under the name of back pay; but within the limit 
of time mentioned in Section 1617 of the Political Code, 
the Trustees may contract to jjay a teacher any sum they 
may see fit; which sum, of course, must not exceed the 
school money apportioned to the district for the school 
year. 

316. Not only are the Trustees of a school district pro- 
hibited by Section 1S76 of the Political Code from con- 
tracting with the Board of which they respectively are 
membeis, but it is a well settled rule of the common law 
that no member of a Board of that kind can contract with 
the other Trustees as such. (Attorney-General A. L. 
Hart, 1881.) 

317. Section 1876 of the Political Code forbids any 
Trustee from rendering any services whatever that are to 
be paid for by the Board of which he is a member. 

318. If at the time a teacher entered into a contract 
Avith the district to teach, there was money to the credit 
of the district equal to or greater in amount than the 
amount which was to have been paid to the teacher for 
his services under the terms of the contract, the district is 
liable to the teacher, no matter how the money may have 
been afterwards expended. The fact that the Trustees 
may have used the money to purchase desks, or that they 
have used the whole or any portion of the money for any 
purpose whatever, will not relieve them from liability to 
the teacher. 

319. If the Trustees of a district enter into a contract 
with a teacher to teach both before and after a vacation 
declai-ed by them, and by any act of theirs the teacher is 
prevented from teaching after the vacation, they are liable 
to the teacher for the term which the teacher was to teach 
after the vacation, according to the terms of the contract. 

320. There is nothing in Section 1876 to prevent a father 
from voting for his daughter for the position of school 
teacher. The word " interest," in that section, does not 
mean the personal interest which a father has in his 
daughter. 



OPINIONS OF STATE ST^PKRINTENDENTS. 329 

321. If ail agreement is made between the Trustees and 
a teacher to the effect that the teacher M'as to teach for 
eight months at the rate of .$50 per month, the teacher 
can be paid at no higher rate up to the time a ne-\v agree- 
ment is made. If, at a subsequent time, they make a new 
agreement to pay the teacher at the rate of .$55 per 
month, they must pay at that rate from and after'the date 
of the new agreement. But they cannot pay the teacher 
more than $50 for services which were performed prior to 
the date of the new agreement. 

322. No contract can be made by Trustees with a 
teacher to extend their desire to pay her $55 thereafter 
for her services beyond the 30th day of June following. 
But if two of the Trustees tell tlie teacher in July that it 
is their desire to pay her $55, and she consents to the ar- 
rangement, tacitly or otherwise, they must from and after 
that date pay her '$55 during all the months through which 
the arrangement is to extend. A resolution passed after- 
wards cannot add greater strength to -the matter, for the 
vote of two members settles it. " Words giving a joint 
authority to three or more public ofhcers, or other persoiis, 
are construed as giving such authority to a majoi'ity of 
them." (Section 15, Political Code.) 

323. If a Trustee is pecuniarily interested in his daugh- 
ter's salary, the contract by which she is employed is il- 
legal, but not otherwise. 

324 If the Trustees of a district discharge a teacher 
without cause, before the termination of the time covered 
by the contract, they must pay for the full time covered 
by the contract, if the teacher is at all times ready and 
willing to teach. 

325. No School Trustee must be interested in any con- 
tract made by a Board of which he is a member. (Section 
1876, Political Code.) Under this section no Trustee 
could be paid for services as Census Marshal. There 
could be no objection to gratuitous services rendered by a 
Trustee as Census Marshal. 

326. The Clerk of a district has no power to make a con- 
tract with a teacher; the contract must be made with the 
Board of Trustees, and any action taken by the Clerk 
without the knowledge and consent of the Trustees will 



330 0PINI0^•s OF state superintexdexts. 

not amount to a contract. A teacher must depend for his 
pay upon the contract entered into between himself on the 
one part and the Board of Trustees on the other. 

327. Under Section 1623, Trustees are not liable, as such, 
on contracts made in excess of the school moneys on hand, 
and under the third subdivision of Section 1543, the Super- 
intendent could not draw a warrant upon an order made 
by tiiem when there is no money in the fund to pay it. 

328. A verbal 'icontract is as binding as a written con- 
tract, when made between Trustees and teachers. There 
is no difference between them; one is as binding as the 
other. If the Trustees order the school closed during 
what they consider to be an epidemic, floods, etc., and 
this happens during the period over which the contract 
extends, they must pay just as if the teacher had taught. 

329. A district by law is not liable when the ofiicials 
overrun their funds for the year. The policy of the law 
seems to be to require those who contract with Trustees 
to assure themselves all along that there are sufficient 
funds on hand. 

330. A verbal contract is as binding as one in writing. 
Hence a teacher employed under a verbal contract is en- 
titled to pay for the weeks during which the school was 
closed by the Trustees, because of scarlet fever in the dis- 
trict, unless such teacher agreed at the time of making the 
contract or afterwards, to forego pay in case of such an 
emergency. 

331. A contract made by Trustees with a teacher for 
one term is binding for the full length of the term; to dis- 
miss a teacher before the end of the term, if such teacher 
has complied with her part of the contract, would be 
illegal, and the Trustees, even if they do dismiss her, are 
bound to pay for the whole length of time for which the 
contract was made. 

332. A contract need not be written, a verbal one, when 
proven, is just as binding, 

333. Two Trustees can make a contract at any time, if 
the other Trustee has been duly and properly notified. 

334. The fact that one of the Trustees of a school dis- 
trict is the father of the teacher will not prevent the 



OPlKiOKS of STATE StirfiRIiSTTEKlJEKTS. 331 

teacher from drawing pay for his services; nor does this 
relationship make the Trustee an interested party in the 
contract in the sense used in Section 1S76 of the Political 
Code. 

335. The right of a teacher to pay for the whole period 
covered by the contract cannot be destroyed by any act of 
the Trustees. If the teacher is ever ready and willing to 
teach, the Trustees must pay for the whole time covered 
by the contract; and if they order the school closed for 
several days, the teacher must be paid for those days as 
well as for the rest of the time. This decision is founded 
upon the very nature of contracts— the fundamental laws 
in relation to them — and it is the law not only of this 
State, but it is the law of the United States, and of the 
w^ole civilized world. 

336. Teachers are entitled to their pay, unless they re- 
fuse or fail to fulfill their part of the contract. If schools 
are suspended on account of prevailing epidemic, the 
teachers, being ready and willing to teach, it was not their 
fault that they could not do so. An epidemic is a public 
calamity, but it should not be visited specially on the 
teachers. The law treats the unfortunate district precisely 
as if school had been in progress by giving to the disti'ict, 
during the time of the suspension of the school, the usual 
amount of money to pay the teachers and for other lawful 
purposes. 

337. When the Trustees of a school, in writing to a 
teacher, state that they will give her their school for the 
coming term, and in the course of the correspondence they 
specify the time of commencing, the length of the term, 
and the compensation or salary, and the teacher accepts 
the school with the conditions, the contract is complete. 
The teacher is entitled to her pay if she teaches during 
the whole term, or if, being ready and willing to do so, 
she is prohibited or prevented from doing so by the Trus- 
tees. 

33J 
will enforce it. 

339. The fitness of a teacher is pledged by the County 
]5oard of Education; it is that Board which licenses a 
teacher, or withdraws the license for the reasons prescribed 
11 



332 OPINIONS OF STATE SUPERINTENDENTS. 

in the law. The Trustees may select from those bearing 
valid certificates; but having once made a contract they 
are bound by it. 

340. All contracts must be complied with. If the Trus- 
tees employ a teacher to open school October 1st, they 
must pay him from that date, although, by building a new 
school-house, they prevent him from opening until No- 
vember. 

341. If a contract was entered into on the 31st of July 
and signed by two of the Trustees of the district, they 
must either employ the teacher and permit him to teach 
for the term, or pay to him the full amount agreed upon 
for the whole period covered b}^ the contract. The fact 
that one of the Trustees who signed the contract has re- 
signed does not alter the matter, nor does the employment 
of another teacher afiFect it. 

342. A teacher commences a school with only a verbal 
agreement with the Trustees. A contract was drawn, to 
which the Trustee employing the teacher gave acquies- 
cence, but the contract, through negligence, was never 
signed by the Trustees. Held that if the verbal contract 
was entered into at a regular meeting of the Trustees and 
was agreed to by a majority of them, it would hold good. 
The School Law places the employment of teachers wholly 
in the hands of the Trustees. 

343. The law does not compel Trustees to give a written 
contract to a teacher, but a teacher is entirely justified in 
asking for such a contract. The refusal of such a contract 
would seem to throw a reflection upon the intentions of 
the Board of Trustees. It is a matter of business and 
would seem to be right for both parties. 

344. The law specifically and totally forbids Boards of 
Trustees making any contract with teachers for the com- 
ing year. 

345. A teacher ofiFers, in writing, to teach a certain 
school for 180 per month and donate .f 60 to the school dis- 
trict, or for 175 per month and donate f 30. I am of opin- 
ion that this is a direct attempt at a bribe ; that it is 
against public policy, as some Trustee might be induced 
to employ an incompetent teacher, or a less competent one. 
by such an offer; and that such course is, on the part of 



OPINIONS OF STATE SUPERINTENDENTS. 333 

the teacher, unprofessional. The Trustees could not en- 
force the contract and force the teacher to pay the com- 
mission. 

346. A contract may be rescinded at any time by a ma- 
jority of the parties making the same, and new terms may 
be agreed upon. A teacher who had contracted to teach 
a school at $80 per month might have her salary raised to 
$90 per month, by a majority vote of the Board of Trus- 
tees, after having taught for any length of time upon the 
former rate. 

347. A contract with Trustees binds their successors 
within the limit of the period covered by the contract, 
which contract cannot extend beyond the thirtieth day of 
June next ensuing the making of the contract. 

348. A teacher employed under contract by Trustees 
whose places have subseqviently become vacant cannot be 
dismissed by Trustees appointed to fill the vacancies, ex- 
cept upon charges of incompetency or unprofessional con- 
duct, duly preferred and sustained after appeal to the Su- 
perintendent, if the accused party desires to make appeal. 

349. If a teacher employed under contracb is unlawfully 
dismissed, the Trustees are liable for the salary for the 
period covered by the contract. 

350. If a teacher is employed under contract, at a stated 
monthly salary, such teacher can justly claim salary at 
the expiration of every four school weeks, unless the con- 
trary is specified in the contract. 

351. If a teacher has been employed under contract, the 
Trustees cannot dismiss her prior to the expiration of the 
time specified in the contract, except upon charges of in- 
competency or unprofessional conduct duly preferred and 
sustained, and after she has had her right of appeal to the 
Superintendent. 

352. When a teacher is employed without a written 
contract and the time is not definitely specified, the Trus- 
tees can terminate the employment of such teacher at any 
time. The mere declaring of a vacation would not end 
the term of employment ; on the contrary, it would indi- 
cate that the engagement had not been terminated. 

353. A teacher can hold the Board of Trustees respon- 



334 OPINIONS OF STATE SUPERINTENDENTS. 

sible for his salary for the full time for which the contract 
was made, whether said contract be oral or written, unless 
he is dismissed, after due investigation, for proper cause. 

354. If a teacher is engaged to teach a school so long as 
the funds of the district will meet the expenses of the 
school, the Trustees cannot dismiss him prior to the time 
the money in the fund is exhausted, except for proper 
cause. The terms "so long as the money of the district 
will hold out " are sufficiently definite in establishing the 
time for which the teacher is employed ; provided the 
time does not extend beyond the thirtieth day of June 
following, and provided also that the monthly salary must 
be fixed. 

355. A teacher under contract to teach for a definite 
time, whether the contract be oral or ivritten, cannot be 
dismissed, except for good cause. If the teacher is dis- 
missed the Trustees, as such, are liable for his salary. 

356. Section 920 of the Political Code clearly forbids 
any Trustee or other officer to be interested in any con- 
tract made by themselves in connection with the schools. 

357. Section 920 of the Political Code forbids any officer's 
being interested in any contract made by himself as such 
officer, or made by any Board of which he is a member. 
If a Trustee is pecuniarily interested in the employment, 
or receives the compensation for his son's services, the son 
being a minor, said Trustee acts in violation of said sec- 
tion, and can be held responsible for malfeasance in office. 

358. If the Trustees of a district dismiss a teacher prior 
to the expiration of the time for which they have con- 
tracted with him, without proper cause, said teacher can 
hold said Trustees responsible for his salary for the entire 
time covered by the contract ; but he cannot hold them 
responsible as individuals. 

359. It is not necessary that there should be a written 
contract between teacher and Trustees. An oral contract 
will answer every purpose, and it is just as binding in law; 
but in case of trouble the oral contract would have to be 
proven, whilst the written is evidence of the best kind in 
itself. 

360. If a teacher under the oral contract is dismissed 
without cause, prior to the expiration of the time for 



OPINIONS OF STATE SUPERINTENDENTS. 335 

which he was employed, he can, by suit at law, recover 
salary for the entire time. 

361. A teacher, whether employed under oral or written 
contract, cannot be dismissed legally, except upon charges 
duly preferred and sustained, after having had opportunity 
to be heard in his own defense. 

362. Members of a Board of Education or of a Board of 
Trustees must not be interested in any contract made by 
the Board of which they are members. A violation of this 
section would, upon complaint, be a sufficient cause for 
removal from office. 

COURSE OF STUDY. 

363. It is the duty of the County Board to prescribe a 
course of study, and it is the duty of teachers and Trus- 
tees to enforce tlie course adopted. It is the duty of pu- 
pils to follow the course prescribed. 

364. All teachers in the schools ai'e expected and re- 
quired to teach those branches which are designated in 
the law^ They must follow the course of study adopted 
by the County Board of Education. Upon failure to do so 
the Superhitendent has the legal right, under Section 1700 
of the Political Code, to withhold his signature to a war- 
rant for their salary. (See Section 1696 of the Political 
Code.) 

365. The adoption of a course of study is entirely in the 
hands of the County Boards of Education or of the City 
Board, if there is one. The course of study is not deter- 
mined with reference to the State University, farther than 
that it is desirable that the course of a high school should 
be such as, when successfully completed, would entitle 
the graduates to enter the university, or rather, enable 
them to do so. 

366. There is no law authorizing the County Board of 
Education to adopt a post graduate course. 

367. The adoption of a course of study for high schools 
being provided for in the High School Acts, passed by the 
late Legislature, the County Boards cannot adopt a course 
therefor, except as provided in those Acts. 

368. County Boards of Education cannot engraft high 
school studies upon the course of study for grammar 



336 OPINIONS OF STATE SUPERINTENDENTS. 

schools. Could they do so, there would have been no 
necessity for the passage of the High School Bills by the 
Legislature. 

369. Section 1771, Subdivision 4, makes it the duty of 
the County Board of Education to prescribe and enforce a 
course of study in the public schools of their respective 
counties. 

370. It is the duty of teachers to observe and enforce 
the course of study adopted by the County Board of Edu- 
cation in their particular schools ; and it is the duty of 
Principals to see that the course of study is enforced, both 
in their own rooms and in those of the assistant teachers. 

371. Teachers are not at liberty to go beyond the course 
of study adopted by the County Boards. 

372. There is nothing in the law that will authorize a 
County Board of Education to establish a post-graduate 
course in the grammar schools, whether a high school has 
been established or not. 

DEPUTY SUPERINTENDENT OF SCHOOLS. 

373. There is no law requiring the deputy of a County 
or City Superintendent to be a teacher ; but it is difficult 
to see how the deputy to a Superintendent can manage 
without being a teacher. 

374. If the County Superintendent is absent from a 
meeting of the County Board of Education, his deputy has 
the right to act in his place, and exercise all the powers 
that belong to him. (See Section 865 of the Political Code. ) 

DICTIONAPJES. 

375. If a school has no dictionary, the Trustees not only 
have the right, but it is their duty to purchase one. A 
dictionary is part of the necessarjj fur nisi dng of a school. 

DIPLOMAS OF GRADUATION. 

376. The only provision of law concerning the granting 
of diplomas of graduation from the public schools is that 
contained in Subdivision 7 of Section 1771 of the Political 
Code. It is in the hands of the Board to determine what 
the examination shall be, how it shall be conducted, and 
by whom. In some counties the Principal reports to the 
Board, through the Superintendent, the names of those 
whom he considers entitled to receive diplomas, and the 



OPINIONS OF STATE SUPERINTENDENTS. 337 

Board appoints one or more of its members a committee 
to visit the school and examine those recommended, the 
examinations being conducted partly in writing and in 
part orally. 

377. County Boards of Education have power, under 
Subdivision 7 of Section 1771, to issue diplomas of gradua- 
tion from any of the public schools of the county; which 
diplomas shall be designed by the Superintendent of Pub- 
lic Instruction and distributed as other blanks from his 
office. Diplomas shall be issued only to pupils who liave 
passed an examination prescribed by the Countj'^ Board of 
Education. These diplomas shall be signed by the Presi- 
dent and Secretary of the County Board and by the Prin- 
cipal of the school. The County Board should make all 
necessary provisions for such examinations — nothing will 
do more to create a spirit of emulation in the schools of 
the county. If the Board, as a whole, cannot attend to 
it, then a committee should be appointed to take charge 
of the examination ; and the traveling expenses of such 
committee ought to be allowed by the Board of Super- 
visors. 

378. The Principal of a public school has no authority 
to grant diplomas of graduation to pupils completing the 
course of study therein until their right to graduate has 
been determined by the Board of Education ; nor can the 
Principal promote pupils from one grade to another with- 
out the authority of the Board of Education. 

DIPLOMAS, LIFE AND EDUCATIONAL. 

379. The State Board of Education sits as a court in 
considering the revocation of diplomas, and will act only 
upon legally certified evidence, and after the accused has 
been duly notified and allowed an opportunity for defense. 

380. A diploma from the Hastings' Law School does not 
come within the meaning of "California State University 
Diploma," as used in Section 1775 of the Political Code. 

381. It is not necessary that the experience in teaching 
required to be had by applicants for educational or life 
diplomas should all be in this State. It is necessary, how- 
ever, that an applicant claiming an experience, part of 
which is in another State, should present to the local 
Board entirely satisfactory proof of such experience, and 



338 OPINIONS OF STATE SUrERINTENDENTS, 

that it was successful experience. The mere statement of 
the applicant is not sufficient. Moreover, the Board should 
be fully satisfied of the worthiness of the applicant, in all 
respects, before passing tlie resohition of recommendation. 
The certified copy of the resolution of recommendation is, 
to the State Board, prima facie evidence of the worthiness 
of the party recommended, and is the paper filed as the 
voucher for the diploma issued. 

382. A life diploma, granted prior to the adoption of the 
new Constitution, confers upon the holder vested rights 
which cannot be taken from him by the State. This di- 
ploma entitles the person to whom it was granted to the 
highest honoi's of the profession and to teach in any public 
school in the State. 

383. It is not necessary for a teacher who holds a life 
diploma, granted by the State Board of Education prior to 
the adoption of the New Constitution, to apply to a Board 
of Education for a certificate to teach. The life diploma 
authorizes a teacher to teach in any county of the State. 

384. The holder of a life diploma, granted prior to the 
adoption of the New Constitution, can continue to teach, 
even though his certificate may have been revoked. 

385. If a document has all the qualities of a life diploma, 
and confers on the holder all of the powers which are con- 
ferred by a document designated on its face as a life diplo- 
ma, it is a life diploma, even if the words "life diploma" 
are not on its face. 

386.' Applicants for life and educational diplomas should 
give their names and surnames in full, correctly spelled 
and plainly written. Ladies should see that the title Miss 
or Mrs., as the case may be, should be given. Those with 
the title Mrs. should give also their surnames before mar- 
riage. These requirements are necessary in order to avoid 
confusion and trouble. 

387. A County Board of Education may with propriety 
recommend, for either a life or an educational diploma, a 
person who has not resided in their county for a year or 
longer, provided they can certify to all the requisites spec- 
ified in Subdivision 4 of Section 1521 of the Political Code. 

388. The State Board of Education will grant an educa- 
tional or life diploma to a person who has taught success* 



OPINIONS OF STATE SUFEKINTENDENTS. 339 

fully for the period of time prescribed in the law. The 
law requires the experience to have been successful. The 
County or City Board are to judge of the matter of suc- 
cessful experience in tlie first instance, when they recom- 
mend or refuse to recommend a teacher for a diploma. 

389. A County Superintendent ought not to require the 
presentation and custody of a life or an educational diplo- 
ma when salis/actori/ evidence is offered that the applicant 
is the hoUler of such a diploma. 

390. A person who, holdhig a first grade Sacramento 
certificate, goes to Placer County and teaches on a second 
grade Placer County certificate for five years, has com- 
plied with the statute sutticiently to obtain a recommen- 
dation for an educational diploma, if the County Board 
are satisfied that the experience obtained has ])een suffi- 
cientl}^ successful. Some of the requirements of the Code 
have been satisfied. The applicant has held a first grade 
certificate one year and has taught five years. The ques- 
tion as to the degree of success is for the County Board to 
decide. 

391. It matters not what Board makes the recommen- 
dation for an educational or life diploma. 

392. The State Board of Education has no power to re- 
new educational diplomas which have been granted by 
them. 

393. The time spent at the State Normal School or at 
the State University has never been held by this office or 
by the State Board of Education to constitute a part of 
the time during which a teacher must be engaged in teach- 
ing before a life or educational diploma will be granted. 

394. The holder of an educational diploma cannot have 
it renewed. If such a diploma could be renewed, it would 
become equivalent to a life diploma. There is no author- 
ity in law for the renewing of an educational diploma. 

395. Holders of expired certificates cannot be recom- 
mended for life or educational diplomas. 

396. Seven months is considered a school year for the 
purpose of granting life or educational diplomas. A per- 
son to be entitled to an educational diploma must have 
taught not less than thirty-five months, and the thirty-five 



340 OPINIONS OF STATE Sri'EKIN'J'ENDENTS. 

months must cover a period of not less than five cahinlar 
years. 

397. A year passed in teaching while a normal school 
pupil cannot be considered as one of the five years neces- 
sary to have taught before receiving an educational di- 
ploma. 

398. A second grade or a primary certificate has no 
bearing on the issuance of a State diploma, either life or 
educational. And an expired certificate is of no value 
either, as the State Board has decided not to grant diplo- 
mas on such certificates. 

399. An applicant for an educational diploma, to cover 
the law, should have taught at least a total of thirty-five 
months in a period of not less than five calendar years. 

400. The term "life diplomas," in Section 1775 of the 
Political Code, embraces life diplomas of other States as 
well as those of California. 

401. Prior to 1880 there was a section of the Political 
Code, 1754, which read: "The holders of diplomas are 
eligible to teach in any public school, except in high schools 
in which languages other than the English are required to 
be taught by such teachers." 

Holders of such diplomas should have the same rights 
now; that is, the diploma should entitle them to teach in 
any public school in the State, excepting in high schools 
where they would be required to teach languages other 
than the English. 

If, imder the old law, certificates were granted to hold- 
ers of life diplomas, such certificates must have been 
granted by the State Board of Examination under Section 
1750 of the Political Code as it then stood. It would 
seem that the life diploma was a certificate of the highest 
character, and that the holder thereof could teach without 
any additional certificate. I would conclude that, while 
the County Board of Examination may, under Section 
1775 of the Political Code, grant a certificate to the holder 
of such life diploma, the certificate is not necessary to 
entitle the holder of the diploma to teach in the public 
schools, and no examination can be required of the holder 
of such a diploma. (Attorney-General G. A. Johnson, 
October, 1887.) 



OPINIONS OF STATE SUPERINTENDENTS. 341 

402. A party who has taught continuously from 1878 
until May, 1887 — some 86 months — is not entitled to a life 
diploma, because the period does not extend over the 
period of •ten years. 

403. The State Board of Education understands the re- 
quirement for life diplomas to be that the teacher must 
have taught some time during each of ten years, and in all 
at least seventy months. The Board requires of applicants 
for State diplomas a statement of the places where they 
have taught and the time in each place. 

404. State educational diplomas are not renewed by the 
State Board of Education. 

405. Time spent in teaching in a private school has al- 
ways been counted as a part of the school experience 
required for educational or life diplomas. (Hoitt, June, 
1889.) 

406. Our law requires that a grammar grade or a higher 
county certificate of this State, be held for one year, in 
addition to the five years' experience, before a teacher be- 
comes entitled to an educational diploma. 

407. It was resolved that after September 20th, 1889, no 
more duplicate State diplomas will be issued. In case of 
the loss of the original diploma, the Secretary of the 
Board, the State Superintendent, is authorized to certify 
to the issuance of the original diploma accor^iing to the 
records of his ofiice. In order to procure this certified 
statement, an afiidavit of the time and manner of loss of 
the diploma must be presented to the County Board of 
Education, and they may give a recommendation to the 
applicant sending affidavit and recommendation to the State 
office for filing. (State Board of Education, November, 
1889.) 

408. The time for which a county certificate nmst be 
held before applying for a State diploma is a calendar, and 
not a school year. 

409. An educational diploma may be considered suffi- 
cient evidence of five years' experience ; though any Board 
of Education may require a statement of the time and 
places taught, if they deem it best. 

410; An applicant for a life diploma need not liave taught 



342 OflXIONS OF STATE SUPERIN'TENDEKTS. 

seven months in each of the ten years required; but he must 
have taught some in each of the ten years. 

411. In order to obtain a life or an educational diploma 
it is necessary that the months taught should cover a period 
of at least ten or jive years respectively; i. <?., from the time 
the applicant began to teach until the time of application 
to the County Board for their recommendation should be 
the full period of ten or live calendar years, as the case 
may be. It is not necessary that the applicant should have 
taught seven months in each of the ten or five years, but 
the aggregate of months must be seventy for life diplomas, 
and thirty-five for educational diplomas. 

412. Thirty-five months of teaching within a less period 
than five calendar years does not entitle a teacher to an 
educational diploma. 

413. In order to secure action by the State Board of Ed- 
ucation, it is necessary that the years in which and the 
number of months in each year, should be specifically set 
forth in all recommendations for life or educational di- 
plomas. Under the amendment adopted by the present 
Legislature, the applicant for either of these diplomas 
must make affidavit as to the time specified in the recom- 
mendation. 

414. A certificate showing that one has had a life or an 
educational diploma awarded him by tlie State Board of 
Education, cannot be issued, unless an affidavit has been 
filed in the State Superintendent's office showing that the 
diploma has been lost or destroyed. 

415. It is not necessary that seven months should be 
taught in each of the five or ten years, respectively, re- 
quired for educational or life diplomas. It is simply re- 
quired that the aggregate shall be thirty-five or seventy 
months, but the period of time must extend over five or 
ten years. This has been the ruling of the State Board of 
Education and governs in all cases. 

416. A grammar school course certificate, if obtained 
upon examination, is a sufficient credential upon which a 
County Board may recommend a life diploma of the high- 
est grade. 

417. An applicant for an educational or life diploma 
must have taught some yart of every one of the five or ten 



OPINIONS OF STATE SUPERINTENDENTS. 343 

years respectively required. It is not enough to have 
taught seventy months in the period of eight years to se- 
cure a life diploma, even though it may be over ten years 
since the applicant first be2;an to teach. 

418. In all cases when a recommendation for a life 
diploma is sent to the State Board of Education it must be 
accompanied by a certificate of the grammar or first 
grade, by a high school certificate, or by an educational 
diploma, and, also, by the affidavit required under the 
law; otherwise the State Board will not act upon the 
application. 

419. By a regulation of the State Board of Education 
educational diplomas cannot be renewed. 

420. The State Board of Education will grant life 
diplomas of the higher grade to those persons only who are 
the holders of valid grammar school course or high school 
certificates issued in California. The applicant must have 
taught twent^'-one months in California. 

421. The State Board of Education, some time ago, 
passed a regulation that they would not grant duplicate life 
or educational diplomas. This rule they adhere to strictly 
unless affidavit is presented showing that said diplomas 
have been destroyed. If any diploma has been lost, the 
Board will grant a certificate, under seal of the Board, 
representing that upon a certain date a diploma Avas 
issued. In no case will any action be taken without the 
accompanying affidavit. 

422. The State Board of Education cannot recognize 
State certificates of any kind as credentials upon which to 
issue educational or life diplomas. These diplomas can 
be issued only in accordance with Section 1521, Subdi- 
vision 4. 

423. Life and educational diplomas being, according to 
the decision of the Attorney-General's office, legal docu- 
ments, the holders thereof, if Boards of Education or 
Boards of Trustees think proper to employ them, can 
legally draw their salaries. To enable them to do so, it is 
necessary to exhibit the diplomas to the City or County 
Superintendent that a record may be made befoi-e taking 
charofe of the school. 



344 OPINIONS OF STATE SUPERINTENDENTS. 

424. Educational and life diplomas in California are 
granted upon presentation to our State Board of Educa- 
tion of proper affidavit of experience and the recommenda- 
tion of a City or County Board of Education. If a City or 
County Board, upon a Nevada educational diploma, has 
granted a certificate, the presumption is that the Board 
has made the necessary investigation relative to the merits 
of the applicant, and the State Board would not go back 
of the recommendation and certificate from the City or 
County Board granting them. 

425. If, after proper investigation, a City or County 
Board of Education find that an applicant for an educa- 
tional or life diploma is not fully up to the requirements 
of our law, it is their duty, no matter what credentials 
may be presented, or whether the credentials are from our 
own or any other State, not to grant the recommendation 
for the diploma. Our State Board must base their action 
on the recommendation of the City or County Boards; and, 
unless the State Board has positive evidence of improper 
action on the part of the City or County Board; or, unless 
the State Board has knowledge of facts supposed not to be 
in possession of the City or County Board, they will be 
governed in their action by the recommendation of the 
City or County Board. 

426. Neither educational or life diplomas can be granted 
by the State Board of Education without a recommenda- 
tion from a County or City Board of Education. 

427. Boards of Education may, or may not, recognize 
certificates previously granted by them, when application 
is made to tliem for a recommendation to the State Board 
for educational or life diplomas. 

428. Educational and life diplomas are valid authoriza- 
tions to teach in any county of the State. These di- 
plomas need not be filed with the Superintendents; nor 
need any certificate be filed. All that is required is that 
the holder of the diploma shall, when employed in any 
county, exhibit his diploma to the Superintendent thereof. 
Thereupon the Superintendent is required to record the 
name of the holder in his office; this will exempt from the 
necessity of filing any diploma or certificate. 

429. Resolved, That this Board will hereafter recogni/e 



OPINIONS OF .STATE SrrERINTENDENT.S. 345 

the credentials upon which the recommendatory life and 
educational diplomas granted prior to June 2d, 1893, 
and subsequent to the adoption of the New Constitution, 
were granted; and that, upon presentation of said di- 
plomas for cancellation, and payment of the proper fee for 
the issuing of the new, the Board will grant life and edu- 
cational diplomas under the law as amended by the Legis- 
lature, March 23d, 1893. (State Board, September, 1893.) 

430. Besolved, That hereafter it shall be the duty of the 
Secretary of this Board to return to the Superintendent 
of Schools in the respective city or county, all papers ac- 
companying the application of any party recommended by 
the Board of Education in the city or county, respectively, 
for a life diploma, an educational diploma, or a Normal 
document, unless the affidavit accompanying said appli- 
cation distinctly specifies, from the first date thereon to 
the last date thereon, the time of experience of the appli- 
cant; which time shall in no case be less than ten calen- 
dar years for a life diploma, five calendar years for an 
educational diploma, and two calendar years for a Nor- 
mal document. 

Resolved, That no application will be considered by this 
Board, unless the certificate accompanying the applica- 
tion clearly shows upon what the original certificate was 
granted. (State Board, September, 1893.) 

DIPLOMAS, NORMAL SCHOOL. 

431. There is no authority given in the law for recog- 
nizing the diplomas of private normal schools of this or of 
any other State. 

432. A graduate of a Nova Scotia State Normal School 
cannot be granted a temporary certificate. According to 
Section 1775 of the Political Code, the County Board are 
authorized to grant certificates without examination only 
to the holders of State Normal School diplomas of other 
States. This means States of our Union. Should such a 
certificate be granted to a teacher upon such a diploma, 
and she should teach thereon, it M^ould be unlawful for the 
Superintendent and Trustees to draw a requisition for the 
pay of such teacher. 

433. State Normal School diplomas are not credentials 
justifying the issuance of high school certificates without 



346 OPINIONS OF STATE SUPERINTENDENTS. 

examination in the additional studies of the high school ; 
nor have they at any time been so regarded. 

434. No Normal School diploma from any place outside 
of the States of the American Union can be accepted as 
proper credentials upon which to issue certificates to teach- 
ers. The law expressly says : "State Normal School di- 
j)lomas of other States." This restriction is not attached 
to life diplomas. 

435. Under the law as amended March 23d, 1893, noth- 
ing higher than a grammar grade certificate can be granted 
upon a Normal School diploma of this State or of any 
State. 

DIPLOMAS, REVOCATION OF. 

436. One of the rules adopted by the State Board of 
Education is: " That when any County Board of Educa- 
tion shall revoke the certiticate of any teacher for unpro- 
fessional conduct, and shall notify this Board of such 
action, the action of the County Board shall be considered 
prima facie evidence that the teacher is unworthy to hold a 
life or educational diploma, and unless an appeal is taken, 
within three months, to this Board, then this Board will 
revoke any diploma that they 7nay have granted to said 
teacher," This refers to life and educational diplomas of 
any date. 

437. The rule of the State Board is that the diploma of 
a teacher whose certificate has been revoked by a County 
Board for unprofessional conduct, will be revoked, lanless 
the teacher appeals from their action to the State Board 
within three months. 

438. The State Board has no printed rules regarding the 
revocation of diplomas. When charges are preferred 
against any one, a copy of such charges is served upon the 
party charged and he 'is given usually thirty days' time in 
which to file his answer. The evidence must be Ijrought 
against the moral character or regarding the moral incom- 
petency of the party. Any parents or patrons of a school 
can bring charges. 

DIPLOMAS, UNIVERSITY. 

439. The law does not authorize the recognition of State 
University diplomas, except in the case of our own State 
University, and then only when accompanied by a recom- 



OPINION'S OF STATE SUPERIXTENnEXTS. 347 

mendation from the Faculty, unless such universities have 
been accredited by the State Board of Education as pro- 
vided in Section 1775 of the Political Code. 

DISCIPLINE. 

440. When a teacher is incapable of maintaining proper 
discipline in a school, and the Trustees are not inclined to 
remedy the matter, the best way is for some of the patrons 
of the school to make specific charges of incompetency to 
the Superintendent and Trustees, and to present evidence 
and ask for the removal of the teacher. 

DISEASES, CONTAGIOUS. 

441. Teachers have the power by law to refuse admission 
to the school to any child supposed to be affected with a 
contagious disease, without the certificate of a physician 
to the effect that the disease is not contagious. 

442. It has several times been decided by the Attorney- 
General and by the Superintendent of Public Instruction 
that when the Trustees of a district close the school in 
consequence of the prevalence of contagious disease, the 
teacher is entitled to salary during the time. 

443. Teachers are entitled to salary for vacations caused 
by the prevalence of contagious diseases. 

DISMISSAL, OF TEACHERS. 

444. It is a difficult matter to answer specifically for 
what causes a teacher, who has a written contract for a 
given time, may be discharged and his salary withheld. A 
violation on the part of the teacher of the terms of the 
written contract would be a cause, whatev^er the terms 
might be. Incompetency, immoral conduct, a failure to 
perform the duties imposed by Section 1696 — these would 
all furnish causes for such dismissal. Recognizing the 
possibility of a teacher being dismissed, or his salary being 
withheld unjustly, the Legislature in Section 1698 of the 
Political Code provided for an appeal by the teachers from 
the Trustees to the Superintendent. 

445. Trustees cannot dismiss a teacher employed for a 
specified time, except for proper cause. Proper cause may 
be non-compliance with the provisions of Section 1696 of 
the Political Code, incompetency, inefficiency or unpro- 
fessional conduct. Should Trustees close the school prior 



34S OPINIONS OF STATE SUPERINTENDENTS. 

to the time for which the teacher was engaged, they are 
responsible to the teacher for her salary for the entire 
time. 

446. If a teacher has been employed under contract, or 
for a definite period under implied contract, the Trustees 
cannot dismiss her, except for cause. Decrease of attend- 
ance forms no factor in deciding whether a teacher should 
be dismissed or not. 

DISTRICTS, JOINT. 

447. In joint districts, that is, in districts lying partly in 
each of two or more counties, the Census Marshal should 
report to each County Superintendent the ^cliole number 
of census children in the district, and also the number of 
children in the county of which the party to whom the 
report is made, is Superintendent. This is necessary, that 
the Superintendents may properly apportion the school 
moneys to such districts in accordance with Section 1583 
of the Political Code. 

448. In order that a proper apportionment may be made 
in joint districts in accordance with subdivision fourth of 
Section 1858 of the Political Code, teachers should report 
to each Superintendent the average attendance and other 
statistics of those pupils only who reside in the Superin- 
tendent's County. 

449. In joint districts the Superintendents must include 
in their reports to the State Superintendent the statistics 
of those pupils only who reside in their respective coun- 
ties. 

450. The law does not require the teachers of a joint 
district to hold a certificate from both counties. 

451. A joint district must have its own apportionment 
of money in accordance with Section 1583 of the Political 
Code, and the teacher should be paid from the funds be- 
longing to the district, not alternately from the two coun- 
ties. 

452. Joint districts, that is, districts lying partly in one 
county and partly in one or more other counties, can be 
formed only in the manner provided for the formation of 
new districts. (See Section 1577, Subdivision 3, of the Po- 
litical Code. ) Joint districts, when first formed, are new 
districts, and all the provisions of law applicable to the 



OPINIONS OF STATE SUrERINTENDENTS. 349 

formation of new districts apply in their formation. Joint 
districts can be formed only between the first day of De- 
cember and the hfth day of April in any year. 

453. The law specifically states that in the case of joint 
districts the teacher need not hold a certificate from each 
county. (See Section 1583 of the Political Code.) 

DISTRICT, LAPSED. 

454. If the average attendance for three months [under 
present law for a whole year — J. W. A.] in district A be 
only five pupils, even if it could be proven that during this 
time four other census children belonging to district A had 
attended school regularly in district C merely for the pur- 
pose of breaking up school in district A, district A would 
lapse, and would lose its share of the school fund. 

455. A school in which there are but six pupils, one of 
whom is under six years of age, would lapse. The pupil 
under six years of age should not be counted. 

456. Before the Board of Supervisors can revive a lapsed 
district they must take all of those steps which they would 
take if they were creating a new district. 

457. When a district lapses, its territory does not fall 
back into and again become a part of the district or dis- 
tricts from which it was originally formed. The district 
remains as an isolated piece of territory until the Board of 
Supervisors dispose of it. 

458. A district does not lapse because a six mouths' 
school has not Ijeen maintained. If there is an average 
attendance for three months [now a year — J. W. A.] of 
only five pupils, the district will lapse, and there is no 
remedy. A district can be prevented from lapsing only 
by having over five pupils in average attendance during 
the prescribed time. 

459. A district in which school has been suspended on 
account of a prevailing epidemic, under Section 1859 of 
the Political Code, does not lose its right to apportion- 
ment. By a similarity of reasoning, if the attendance has 
run below six in consequence of the same cause, the dis- 
trict would not lapse. 

4()0. In my opinion a district would not lapse in conse- 
(pience of the fact tliat a portion of tlie pupils did not Ijc- 



350 OPINIONS OF STATE SUPERINTENDENTS. 

long to the district, provided thos^ pupils were legally at- 
tending; that is, were present in pursuance of Subdivision 
15 of Section 1617 of the Political Code. Section 1543, 
Subdivision 2, does not confine the attendance of the 
minimum number to residents of the district. 

461. A lapsed district cannot be revived without a new 
organization. 

462. A district cannot lapse so long as it has an average 
attendance of more than five pupils. 

463. A district lapses whenever there is an average at- 
tendance of five or less than five for three consecutive 
months. [Under present law for a whole year — J. W. A.] 

464. Inasmuch as a district does not lose its State ap- 
portionment because it fails to maintain a six months' 
school on account of flood, fire or epidemic, it seems to me 
that a district should not be declared lapsed because the 
daily average is cut down to five or less on account of the 
roads being rendered impassable by heavy snows. 

465. A district, under late amendments to the law, does 
not lapse unless the average attendance for the entire 
school year, or term for which the school was maintained 
for the school year, is five or less than five. 

466. When the average attendance of a school for the 
entire time for which the school was maintained daring the 
school year falls to five or less than^^w, it is the duty of the 
Superintendent to suspend the district, and to report the 
fact to the Board of Supervisors. 

DISTRICTS, NEW. 

467. In the formation of new districts, there is nothing 
in the law regulating the boundary lines. The nearest 
boundary line of the new district may immediately adjoin 
the lot upon which the school-house in the old district is 
located. It is necessary only that the parents or guardians 
of at least fifteen census children, residents of such pro- 
posed new district, should reside at a greater distance than 
two miles from any public school-house. 

468. The law provides no means to compel the Board of 
Supervisors to establish a new district. When a petition 
is presented to them for the purpose of forming a new dis- 
trict, it is their duty to consider it ; but it is in their option 
whether to grant the prayer of the petitioners or not. 



OPINIONS OF STATE SUPKIUNTENDENTS. 351 

469. New districts can be created only between the first 
day of Decemljcr and the fifth day of April in any year. 
The money of the old district or districts is not to be di- 
vided with the new district ; but the children continue 
their right to attend the school or schools in the old dis- 
trict until the close of the school year in June. The new 
district conies in for its apportionment for the year com- 
mencing on the first of July. The law does not compel 
the new/listrict to begin school therein before the second 
Monday of September after its formation. 

470. When a school district is divided, and a new dis- 
trict is formed, the new district is not entitled to any por- 
tion of the property of the old district. The lil^rary cannot 
be divided, nor can the library fund, or other funds. 

471. When a new district is constituted, it is not enti- 
tled to any of the property of the old district of which it 
previously formed a part. The library cannot be divided, 
but remains the property of the old district. 

472. The expression " within two miles of any district 
school-house " refers to the same county, except in the case 
of joint districts. Under the law as it now is, a new dis- 
trict cannot be formed that is less than two miles from a 
school -house in the same county, except as specified in 
Section 1577 of the Political Code. 

473. A new district cannot obtain any part of the funds 
apportioned for the year in which said new district was 
formed. If the school is opened in the new district prior 
to the first day of July in the year in which it was formed, 
it must be supported by private means until the first day 
of July. 

474. When a school district is divided by the formation 
of a new district, the new district is not entitled to any 
property belonging to the original district. 

475. Under the law, as amended by the last Legislature, 
no new school district can be formed at any other time 
than between the first day of December and the fifth day 
of April. 

476. If school is commenced in a new district prior to 
the first day of July, subsequent to its formation, it must 
be supported at the expense of the people of the district. 



352 OPINIONS OF STATE SUPERINTENDENTS. 

No new district can have any apportionment of funds made 
to it for the year in which it was formed. 

477. A new school district is not entitled to any appor- 
tionment of funds for the year in which it was formed. 

478. When a new school district is formed it is not enti- 
tled to any apportionment of funds belonging to the school 
year in which it was formed. The children of the new 
district are, by law, entitled to attend the school in the 
district from which the new district was formed jintil the 
first day of July next succeeding the formation of the new 
district. The school in the new district should not be 
opened until after the first day of July next succeeding ; if 
it is opened it must be supported by private means. 

DISTRICTS, SCHOOL. 

479. By subdivision two of Section 4046 of the Political 
Code, it is made the duty of the Boards of Supervisors of 
the several counties of this State to divide them into school 
districts, and to change such districts as convenience may 
require ; and, by the twenty-fifth subdivision of the same 
section, such Boards are authorized to do all things which 
may be necessary to the proper discharge of that duty. 
If, in order to accomplish the purposes of the law, it be- 
comes necessary for the Boai'd to make a survey, a sur- 
veyor may be employed for that purpose. The division 
should be made by order of the Board ; and the fact of the 
division, together with an accurate description, should be 
entered upon the record. Section 1551 of the Political 
Code makes it the duty of the Superintendent to inquire 
and ascertain whether the boundaries of the school dis- 
tricts in his county are definitely and plainly described in 
the records of the Board of Supervisors, and to keep in 
his office a full and coi-rect transcript of such boundaries. 
If the boundaries of districts are conflicting, or incorrectly 
described, the Superintendent sliall report such fact to the 
Board of Supervisors, andthej^ shall immediately take such 
steps as may be necessary to change, harmonize and clearly 
define them. To accomplish this the Board, if they deem 
it necessary, may order a survey and employ a surveyor. 

480. When a new district is formed by the subdivision 
of an old one, the County Superintendent should pay the 
debts of the old district out of the money on hand to the 



OPINIONS OF STATE SUPERINTENDENTS. 353 

credit of the old district. There is no law making the new 
district thus formed liable for any part of the debts of the 
old district. 

480^. There are no means by which two school districts 
can unite, except by petition signed by a majority of the 
heads of families residing in each of the districts seeking 
to be united, as provided in Sections 1577 and 1578 of the 
Political Code. (Attorney-General A. L. Hart, 1881.) 

481. The Board of Supervisors can divide a district 
when the provisions of Sections 1577 and 1578 have been 
complied with ; but it must be done at iheii\first meeting 
after the receipt of the petition, according to Section 1579. 
After they "have divided, or refused to divide, their power 
ceases. They have no control over schools or school- 
houses. The school is under the sole management and 
control of the Trustees, and there can be but three Trus- 
tees in a district. 

482. When incorporated, a town becomes a separate 
school district. 

ELECTIONS. 

483. If two persons at an election for the office of School 
Trustee received an equal number of votes, the request of 
one of those persons could not make the other the duly 
elected officer. Under such circumstances, there being no 
other person to fill the office, it would be proper for the 
County Superintendent to appoint a suitable person to the 
office, to hold until the next annual election. (Attorney- 
General A. L. Hart, 1881.) 

483i. The loss of a certificate of election does not create 
a vacancy. (Attorney-General A. L. Hart, 1881.) 

484. There is no law providing for the payment of Judges 
and Inspectors of elections for Trustees. 

485. If the law has not been complied with in connec- 
tion with the election of Trustees, the election is not valid. 
It is not the place of a Superintendent to pass upon this 
question. The presumption of law is in favor of the cer- 
tificate of election, and this presumption can be overcome 
only by the action of a Court, after hearing testimony in 
the matter. 

486. The requirements of the statute in reference to the 
election of officers must be strictly carried out, there being 



354 OPINIONS OF STATE SUPERINTENDENTS. 

no discretionary power except sucli as is given by the 
statute itself. Hence when the polls have not been kept 
open four liours subsequent to nine o'clock a. m., and before 
sundown, the election is invalid. 

487. When the Judges and Clerks of an election have 
not been sworn (or affirmed) the election is invalid. 

488. In the election provided for in Section 1830 of the 
Political Code, if a majority vote " Tax — Yes," the tax 
must be levied. In the election provided for in Section 
1880, two-thirds of the votes cast must be " Bonds — Yes," 
in order that the bonds may be issued. (See Section 1884, 
P. C.) 

489. Sec. 4, Art. II, of the Constitution, gives to the 
inmates of " The Veterans' Home " who have been resi- 
dents of that portion of the State the length of time pre- 
scribed for electors, in tlie plainest terms, the right to vote 
at all elections authorized by law. 

490. There is no provision in our law for the payment of 
election officers at a school election. 

491. If the electors of a district failed to hold an elec- 
tion for Trustee, and the Superintendent did not appoint 
prior to the first Saturday in July, the outgoing Trustee 
could attend the election for Clerk of the Board, and vote 
for such Clerk. According to Section 879 of the Political 
Code, " every officer must continue to discharge the du- 
ties of his office until his successor has qualified." 

492. There is no law that allows pay to officers at a spe- 
cial school election or at a regular school election. 

493. Section 1597 of the Political Code has not been 
altered or amended, hence it is perfectly legal, in districts 
having less than five hundred census children, to hold an 
election for Trustees between the hours of one o'clock p. m. 
and five o'clock p. m. The polls cannot be opened before 
nine o'clock a. m., but they must be opened at an hour 
early enough to enable them to be kept open four hours 
before sundown. 

494. Attorney-General Hart has rendered the opinion 
that Section 1067 of the Political Code does not apply to 
elections for School Trustees. In case of a tie vote there 
is no election and a vacancy would occur which must be 
filled by the Superintendent. 



OPINIONS OF STATE SUPERINTENDENTS. 355 

495. If a party had been appointed by the Superintend- 
ent to fill a vacancy, in the event of failure to elect at the 
time appointed by law, such appointee does not hold over, 
but either he must be reappointed or some one else must 
be appointed. • 

496. At the election for Trustees, if but one Trustee is 
to be elected, it is not necessary to write upon the ballot 
the time for which he is elected ; if two or more are to be 
elected the time to be occupied by each one should be 
specified on the ballots. 

497. All qualified electors in a district are entitled to 
vote at all school elections. There is no property qualifica- 
tion for electors in California. 

498. The Superior Court is the only power that can de- 
clare an election illegal or void. Neither the State nor 
the County Superintendents are judicial officers ; they 
have no power to declare an election illegal or void. 

499. Neither the State Superintendent nor any County 
Superintendents are judicial officers ; and, hence, cannot 
determine the legality or the illegality of the election of 
Trustees. These are matters for the determination of a 
court of law. 

500. The election of a Trustee becomes void, and the 
office is vacant if he fails to qualify within ten days after 
receiving notice of his election. (.See Section 907 of the 
Political Code ; also. Section 996, Subdivision 9. ) In case 
of a vacancy the Superintendent must appoint a party to 
fill it until the next general election. 

501. The Attorney-General has heretofore decided that 
Section 1067 of the Political Code does not apply to elec- 
tions for School Trustees. There can be no special elec- 
tion for Trustees. 

502. If, at the election for Trustees, parties receive an 
equal and the highest number of votes, there is no election 
and a vacancy occurs. Section 1614, Siibdivision 1, as 
amended by the last Legislature, expressly states that 
failure to elect creates a vacancy. 

503. In case of a tie vote for Trustees, there is no elec- 
tion, and a vacancy will occur. This must be filled by the 
Superintendent until the next election. The old Trustee 



356 OPINIONS OF STATE SUPERINTENDENTS. 

does not hold over in case of a tie ; his term ceases on July 
1st, subsequent to the election. 

EPIDEMICS. 

504. When schools have been closed in consequence of 
the prevalence of an epidemic, teachers will report the 
time taught, even though it be less than eight months. A 
district does not forfeit its right to its apportionment of 
the public moneys when less than six months' school has 
l)een taught because of the prevalence of an epidemic ; 
nor is the balance of funds to be reapportioned in such 
case if an eight months' school has not been kept. 

505. When a school has been taught in any district less 
than eight months in consequence of the prevalence of an 
epidemic, and there is a surplus of funds at the close of the 
school year, such surplus should not be reapportioned. 
The fund remains to the credit of the district. 

506. When school was closed in consequence of an epi- 
demic, and the teacher had taught only six days in the 
month, the six days is all that are to be reported. 

507. When exercises in a school are suspended on ac- 
count of epidemics, or other unavoidable cause, the teacher 
cannot be required to make up the time thus lost ; nor can 
any reduction be made in the salary of the teacher in con- 
sequence of the suspension of the school. 

EXAMINATION, CIT^ BOARDS OF. 

50S. The amendment to Section 7 of Article IX of the 
Constitution does not abolish any City Board of P]xamiua- 
tion. The amendment does not abolish the City Boai'd of 
Examination of the City and County of San Francisco; but 
the members of the latter Board can have nothing to do 
with the examination of teachers and granting them cer- 
titicates, except as the agent of the City Board of Edu- 
cation. 

509. In reply to the inquiry as to the effect of what is 
known as the Perry amendment, in respect to the powers 
of City Boards of Examination to examine teachers and 
issue certificates, I have to state that, in my opinion, such 
City Boa-rds have no power, and that iinder the Perry 
amendment the power is lodged entirely with the County 
Superintendent and County Boards of Education, whose 
jurisdiction in this matter is co-extensive with their re- 



OPINIONS OF STATE SUPERINTENDENTS. 357 

spective counties. But in the event the County Superia- 
tendent and the County Board of Education of any county 
approve and ratify the action of such City Boards of Ex- 
aminers in examining teachers and granting teachers' 
certificates within the jurisdiction of such county, the 
action of such City Board is thus vitalized, and becomes 
the action of the County Superintendent and County 
Board, the latter thus controlling the whole subject mat- 
ter. (Attorney-General G. A. Johnson, February, 1887. ) 

EXAMINATION OF PUPILS. 

510. The examination and graduation of pupils from 
the public schools is one of the tluties of the County Board 
of Education. In the seventh subdivision of Section 1771 
of the Political Code the law says : "Diplomas shall be 
issued only to pupils who have passed an examination pre- 
scribed by the County Board of Education. Such diplo- 
mas shall be signed by the President and Secretary of the 
County Board and the Principal of the school." In sub- 
division two of Section lb'63, the law says that the County 
Board shall also provide for conferring diplomas, at the 
end of the course of study in the grammar grade, for those 
who satisfactorily pass the required examination. Here 
the examination is prescribed and prepared in detail by 
the County Board; and they can know when it has been 
sotisfactoi'ily passed only by making the examination 
through committees of their own members, or else through 
agents in whom they repose confidence. The President 
and Secretary are required to sign tlie diplomas; and 
when they do so they certifj' to the fact that the exami- 
nation has been satisfactorily passed by the pupil whose 
name is on the diploma; this they can do only when satis- 
fied. 

511. The proper parties to examine the papers pre- 
pared by pupils in examination for promotion or gradua- 
tion are the teachers of the schools. The County Boards 
of Education prepare the questions for examinations, and 
may review the work done in crediting the papers if 
they deem it necessary. There is no specified time or 
place in which or at which the papers must be examined 
by the teachers. The County Board have the right under 
the law to prescribe the regulations for conducting the ex- 
aminations. 



358 oriNioNS of state sufeeinten dents. 

512. The examinations for diplomas of <,'ra(Uiation in 
cities having Boards of Education must be conducted hy 
the City Board, and not by the County Board of Edu- 
cation. 

513. It is not the intention of the law that the Count}' 
or City Boards of Education should conduct the examina- 
tions for either promotion or graduation. The law does 
not require impossibilities. In my opinion it would be an 
impossibility for Boards of Education to conduct the ex- 
aminations in the schools of their respective counties, even 
were they to spend their whole time in the work. Section 
1663 of the Political Code means simply that these Boards 
shall require that promotions upon written examinations or 
otherwise shall take place at stated periods, at least once 
in each year; and also shall proiide for conferring diplomas 
at the end of the course of study in the (jrammar grade 
upon tliose who satisfactorily pass the examination which 
they require. The law does not even demand that the 
Boards shall prescribe the examination for promotion; but 
by implication does require the Boards to prescribe the ex- 
amination for graduation. [See Section 1771, subdivision 
7.] Prescribe is one thing; conduct is quite another thing. 
In the case of graduation it is the duty of the Boards to 
prescribe the examination, and to satisfy themselves that 
the examination has been passed in a satisfactory^' manner. 
This they can do, as it is generally done, by requiring the 
teachers in charge of the schools or classes to conduct the 
examination, and report to the Boards. This report may 
be such as the Boards may require in order to enable 
them to determine that the examination has been satis- 
factorily passed. They may require that the papers of 
the pupils passing the examination shall be forwarded to 
them for their inspection. The Boards are not required to 
examine and credit the papers; nor is such work expected 
of them. The Boards can transact business only when a 
quorum is present. [See Section 1768.] No authority is 
anywhere given to hold meetings at places other than the 
county seat. By Section 1770 of the Political Code, their 
meetings must be held at the county seat, and must be 
public. They must meet in order to determine whether 
the examinations for graduation are or are not satisfactory, 
for this is business. 



OPINIONS OF STATE .SUPERINTENDENTS. 359 

514. A Superintendent has the right to pay, out of the 
amount allowed him for postage, the expressage on papers 
I'eturned to him from the teacher to whom the questions 
were sent. He has also the right to refund to the teacher 
the postage which the teacher has paid upon such papers. 

515. County Boards of Education have no power to re- 
quire pupils to take an examination outside of the limits 
of the district in which such pupils reside. Nor can 
Boards of Education justly withhold diplomas of gradua- 
tion from the grammar or high schools when pupils have 
satisfactorily completed the course of study prescribed in 
such schools. 

EXAMINATION, OF SCHOOLS. 

516. There is no definite or specified construction or in- 
terpretation given anywhere in the law to that subdivision 
of Section 1543 concerning "Visiting and examining 
schools." Indeed, it w^ould be quite impossible to fix just 
the amount of time to be given by the Superintendent, or 
to fix the degree of thoroughness of the examination. It 
should be in each case such as to furnish the Superin- 
tendent with a proper basis, for one thing, for properly 
grading the school. For another thing, it should be such 
as to enable him to be perfectly satisfied that the teacher 
is properly performing his or her duties, and that the 
State and the district are receiving an adequate return for 
the outlay of money. Of course, different schools will re- 
quire more or less time, according to circumstances. To 
fix any definite time, or prescribe any set form, or any set 
linjit of thoroughness to these examinations, would be to 
hamper the Superintendent to the extent of almost, if not 
entirely, defeating the objects of the provision. 

517. By Section 1543 of the Political Code, Superin- 
tendents are required to visit and examine each school in 
their respective counties at least once in each year. This 
implies that he may visit them as many times as in his 
official discretion he may deem desirable. 

518. By subdivision fifth of Section 1543, it is made the 
duty of County Superintendents to visit and examine each 
school in his county at least once in each year. Should 
they not do so, the penalty is plain — they lose SlO from 
their salary for each school not visited. The Board of 



360 OPINIONS OF STATE SUPERINTEXDENTS. 

Supervisors have no option in the matter, but, on proof of 
delinquency, they must deduct the $10. 

519. A County Superintendent or a State Superintend- 
ent or a County Board of Education can step into any 
school-room, and without consulting the teacher in any 
way, proceed to examine the school. The very intent of 
superintendency implies this power, even though the law 
was silent. A local Board of Trustees cannot prevent the 
Superintendent from examining a school, nor from direct- 
ing a teacher to do so in his presence. Nor would the law 
demand of a County Board that which is impossible. The 
County Board prescribes the examination; yet the law does 
not say that they shall conduct that examination. It says 
that they shall require an examination at least once a year 
for promotion; and it further says that diplomas shall be 
issued only to pupils who have passed an examination by 
the County Board. If County Boards have the right to 
prescribe the examination, they have the right to pre- 
scribe everything in connection with the examination — 
the time, the manner of conducting, etc. The examina- 
tions are not limited to graduation. 

EXAMINATION, OF TEACHERS. 

520. After an examination of teachers the applicant can 
demand his papers for inspection by himself or his author- 
ized agent. 

521. If physiology, music, book-keeping and drawing arc 
required to be taught, it goes without saying that teachers 
should be qualified to teach them, and the only way to 
ascertain that fact is by examination. 

522. A County Board has the right to reject any study 
in case of an applicant for a teacher's certificate who is 
suspected of fraud in the examination. 

523. The Board of Education should not admit any 
party under eighteen years of age to an examination. 
Should they do so, and should the party so admitted re- 
ceive the requisite credits to entitle him to a certificate, it 
would not be legal to grant the certificate to such party 
on attaining the age of eighteen years. Having admitted 
him to the examination, and then having refused to grant 
liim a certificate upon said examination, the Board settled 
the (question that he could not receive a certificate upon 
that examination. 



OPINIONS OF STATE SUPERINTENDENTS. oGl 

524. It would not be in accordance with the law for 
County Boards of Education to hold examinations for 
teachers' certificates more than twice during the year. 
This section specifies that teachers' examinations must be 
held at fixed periods and semi-annually. It follows that 
regular meetings must be called for this purpose and no- 
tice given. If it were the intention of the law to author- 
ize mox-e than two examinations, it would read, " must 
hold at least two," etc. 

525. A party under eighteen years of age cannot be ad- 
mitted to a teacher's examination. 

526. It has been decided several times by the iState 
Superintendent that a party under the age of eighteen 
years should not be permitted to enter a teacher's exam- 
ination. 

527. There is nothing in the school law or in any statute 
of the State which authorizes the holding of a special 
meeting of a Board of Education for the purpose of exam- 
ining a candidate for a special certificate. The very fact 
that the law provides for the issuance of temporary cer- 
tificates precludes the right to hold special meetings for 
this purpose. 

528. It has uniformly been held by this office that par- 
ties under the age of eighteen years cannot be admitted to 
teachers' examinations. 

EXHIBITIONS, SCHOOL. 

529. When Trustees give an entertainment for the bene- 
fit of the school, and refuse or fail to turn over the proceeds 
to the County Treasurer, they fail to fulfill the duty which 
is specifically laid down for them in Section 1617 of the 
Political Code, subdivision 2. And every willful omission 
to perform any duty enjoined by lav/ upon any public offi- 
cer is punishable as a misdemeanor by imprisonment in a 
county jail not exceeding six months, or by a fine not ex- 
ceeding S500, or by both, except in cases where a different 
punishment is prescribed by the Code. 

EXHIBITS, SCHOOL. 

530. Bills for material used in preparing a school exhibit 
at a County Institute may be paid for out of the County 
Fund after an eight months' school has been maintained. 



362 OPINIONS OF STATE SUPERINTENDENTS. 

EXPENSES, NECESSARY. 

531. Janitor's services and wood, during those seasons 
when it is necessary to have a tire in the school- room, are 
to be included amongst necessary expenses mentioned in 
Section 1543, subdivision od, for which the Superintendent 
must draw his requisition on the County Auditor, iipon 
the order of the Board of Trustees, if there is money in the 
fund to pay it. 

EXPERIENCE, TEACHERS.' 

532. Nothing in our law excludes service as a teacher in 
foreign countries. It rests entirely with the County Board 
whether they will accept it or not. 

533. Experience in private schools is credited the same 
as that in public schools. To obtain a life or an educa- 
tional diploma the applicant must comply with all the re- 
quirements of Section 1521, subdivision 4. The affidavit 
of the applicant must be iiled in the office of the State 
Superintendent, along with the recommendation of the 
Board of Education. 

534. Experience in private schools can be recognized by 
Boards of Education when recommending applicants for 
life or educational diplomas. 

535. Experience in either private or public schools can 
be considered in granting diplomas ; but experience in 
teaching pupils in private capacity, and not in schools, can 
not be recognized. 

536. Experience in private schools can be considered in 
estimating the experience required for life and educational 
diplomas. 

FEES. 

537. All applicants for certificates, other than tempo- 
rary, should pay the fee. Under the law one-half of this 
money goes for the purchase of books by the County Super- 
intendent for a teachers' library, and the other half helps 
to form the County Institute Fund. 

538. I think Section 1565 of the Political Code author- 
izes the charging of a fee for renewing certificates in any 
county of California. A renewed certificate is, in effect, a 
new certificate. 

539. Every application for a certificate, except in the 



OPINIONS OF STATE SUPERINTENDENTS. o(53 

case of temporary certificates, must be accompauied by a fee 
of two dollars. It has been held that a renewed certiiicate 
is a new certificate, and therefore the Board should collect 
the fee for such a certificate. 

540. The renewal of a certificate is practically the issu- 
ance of a new certificate and the usual fee for issuing a cer- 
tificate should be charged. 

541. According to Section 1565 of the Political Code, the 
City Board of Examination must charge a fee for every 
kind of certificate, except temporary ones. This fee is 
payable to the County Superintendent before the applicant 
can legally enter the examination. It may be for conven- 
ience collected by the City Superintendent and be by him 
paid over to the County Superintendent. When collected 
by the County Superintendent, it must be paid to the 
County Treasurer to the credit of the Teachers' Institute 
and Library Fund. The County Superintendent is named 
in tiie law as the party to whom the fee is payable. 

542. If City Boards of Examination grant certificates on 
the certificates of the County Board, as they are author- 
ized to do by Section 1775 of the Political Code, the pay- 
ment of the fee required by Section 1565 would be neces- 
sary, and vice ver.sa. The certificate granted by a City 
Board of Examination or Education is a new certificate, 
and the fee must be paid for all certificates, except tem- 
porary. 

543. Boards of Education are not at liberty to charge a 
fee for issuing temporary certificates. Section \.565 specif- 
ically excepts such certificates. 

544. It is not the intention of the law that a fee shall be 
collected for issuing a high school certificate in lieu of a 
grammar school course certificate. The high school certif- 
icate is issued in lieu of and not upon the grammar school 
certificate simply. 

545. Under Section 1565, Political Code, "each appli- 
cant for a certificate, except temporary, upon presenting 
his application, must pay to the County Superintendent a 
fee of two dollars, to be deposited to the credit of the 
Teachers' Institute and Library Fund." (W. H. H. Hart, 
Attorney-General. ) 

546. The Attorney-General, on September 4th, 1891, 



364 OPINIONS OF STATE SUPERINTENDENTS. 

rendered the decision that, under the provisions of Section 
1565 of the Political Code, every applicant for a certificate, 
except temporary, upon presenting his application must 
pay to the .Superintendent a fee of two dollars, to be de- 
posited to the credit of the Teachers' Institute and Library 
Fund. 

FLAGS, SCHOOL. 

547. If a district has maintained an eight months' school, 
the Trustees are perfectly justitiable in purchasing a flag 
with any balance that may remain in tlieir County Fund. 

548. The County Fund may be used, after an eight 
months' school has been taught, for the purchase of flags 
and flag-poles. 

FRAUD, EFFECT OF. 

549. If the funds of a district have been disposed of in a 
fraudulent manner, action can be instituted to recover 
them. In such case the Trustees are personally and indi- 
vidually liable for the money fraudulently expended. 

550. If a Trustee makes false entries in his books of the 
district, the matter should be presented to the District 
Attorney of the county. According to Section 996 of the 
Political Code, any Trustee can be removed from ofiice for 
malfeasance in office by the decision of a competent court. 

FUNDS, SCHOOL. 

551. State and county school moneys must be used ex- 
clusively for the support of schools in the year for which 
the apportionment is made and for no other purpose what- 
ever, until an eight months' school has been maintained 
during that year. 

55*2. After an eight months' school has been taught, if 
there is an unexpended balance in the County Fund, it 
may be used to pay former indebtedness, or for the suc- 
ceeding year. 

553. The State School Fund must be used for the pay- 
ment of teachers' salaries, and for no other purpose. 

554. Trustees are compelled, when there is sufficient 
money to the credit of a district to do so, to maintain an 
eight months' school ; and the closing of the school for the 
year, before an eight months' school has been taught, in 
order that the money apportioned to the district may be 



OPINIONS OF STATE SUPERINTENDENTS. 365 

used for some other purpose, is defrauding the children of 
the district out of the provision made for them for the year. 
This should not be allowed. Section 1621 of the Political 
Code is very clear on this point, and specifically provides 
that the only way in which the right to use any balance 
of funds that may be to the credit of a district at the end 
of the year for the payment of outstanding claims, or for 
the year succeeding, is to have maintained a school for 
eight months. If a balance cannot be used for the pay- 
ment of old claims, nor for those to be created in the 
future, it cannot be used at all. 

555. Any balance of State or county moneys on hand to 
the credit of a district at the close of the year must, if the 
district has failed to maintain a school for eight months, 
be reapportioned among the districts of the county. If a 
district failing to maintain a school for six months, whether 
the funds derived from the State and county are sufficient 
or not, loses its right to any apportionment for the next 
year, it is certainly but right that a district failing to 
maintain a school for eight months, when it has sufficient 
funds to do so, should lose the benefit of any balance saved 
by such neglect of duty. 

556. If the State and county furnish a district w'ith suf- 
ficient money to maintain a school for eight months in the 
year, the Trustees should not be permitted to close the 
school at the end of six months and use the money thus 
saved for any of those purposes for which the district itself 
should provide the funds. 

557. In accordance wdtli Section 1621, "if, at the end 
of any year in which an eight months' school has been 
maintained, there is an unexpended balance, it may be 
used for the payment of claims against the district out- 
standing, or it may be used for the year succeeding." Sec- 
tion 1622 provides that whilst the State School Fund, ex- 
cept ten per cent, for libraries [this exception is now out — 
J. W. A.], can be used for the payment of teachers only, 
the County Fund may be used for any of the purposes 
named in the chapter. Section 1617, subdivision 3d, spec- 
ifies, among the powers and duties of Trustees, the power 
"to purchase school furniture and apparatus, and such 
other things as may be necessary for the use of the schools. " 
The only question then is, are bells and organs "necessary 



366 OPINIONS OF STATE SUPERINTENDENTS. 

for the use of schools ? " This is, of course, largely a ques- 
tion of personal judgment. Schools having been main- 
tained for a length of time sufficient to give the Trustees 
control of the balance of the funds, the payment of organs 
and bells would come within a legitimate use of such bal- 
ance of county funds. The balance of State funds they have 
also acquired the right to use, but only for debts incurred 
on account of salaries for services rendered by teachers of 
grammar or primary schools, or for payment of such sal- 
aries during the next school year. There is a seeming con- 
flict perhaps between Sections 1621 and 1622, but it will 
be found upon careful reading that none in fact exists. 
The meaning of these two sections is that no balance of 
either State or county moneys can be used by the Trustees 
if a school has not been maintained eight months, but that 
it reverts each to its original fund, and must be reappor- 
tioned to the various districts as so much State and so 
much county money. That, an eight months' school hav- 
ing been maintained, the Trustees have the power to use 
that lialance in the same manner, and in that manner only, 
as they were empowered to use any of the State and 
County Funds, of which these are but balances, viz. : the 
balance of State moneys, first, for the claims against the 
district for teachers'' salaries ; and, second, there being no 
such claims against the district, to be carried over for pay- 
ment of teachers'' salaries during the next year. The balance 
of county moneys may be used, first, for the payment of 
legal miscellaneous claims against the district; and, sec- 
ond, carried forward for, as the law expresses it, "any of 
the purposes authorized in this chapter." (Superintend- 
ent F. M. Campbell, 1881; Attorney-General A. L. Hart 
concurring. ) 

558. The Boards of Trustees and the Boards of Educa- 
tion must use the school moneys received from the State 
and county apijortionments exclusivehj for the support of 
schools for the school year, until at least an eight months' 
school has been maintained. (See Section 1621, Political 
Code.) Section 1622 prevents the use of State money, at 
any time, for anything other than teachers' salaries. 

559. "Teachers," as used in Section 1858, is only for 
the purposes of apportionment, and it may happen that 
from a large census roll a district may draw an apportion- 



OPINIONS OF STATE SUPERINTENDENTS. 367 

ment from two "teachers" — that is simply two "five 
hundred dollars," so to speak, or one thousand dollars — 
when, by a small attendance from any cause, only one ac- 
tual teacher would be necessary. There is nothing in the 
law to compel the Trustees to employ two. Havingtre- 
ceived funds for two teachers, and the necessities of the 
school by reason of large attendance requiring that two 
should be employed, the Trustees have no 7'ight to employ 
but one, to the disadvantage of the pupils; and if they do 
it for the purpose of saving the money for any other pur- 
pose, are moralli/f if not legally, guilty of a gross misap- 
propriation of funds, and of a great wrong upon the chil- 
dren of the district. 

560. The money apportioned to the various districts 
from the balances (Section 16*21) forms a part of the $500 
to be allowed to each teacher of the year. The object of 
Section 1621 is to prevent Trustees from closing schools 
earlier than eight months (having sufficient money for con- 
tinuing them longer) that they might use the money so 
saved for purposes for which the district should provide. 
The Library Fund is not subject to this abuse, being spec- 
ially protected. 

561. Under no circumstances can any portion of the 
State money be drawn or used for building purposes. All 
the State money, except the ten per cent, reserved for dis- 
trict school libraries [the exception no longer obtains — 3. 
W. A.] must be applied exclusively to the payment of the 
salaries of teachers of primaiy and grammar schools. The 
County Fund must also be exclusively used for the support 
of schools, until an eight mouths' school has been main- 
tained. If at the end of a year during which an eight 
months' school has been maintained there is an unex- 
pended balance of county money, it may be used for any 
of the purposes named in Section 1621. Among the pur- 
poses so named is the building of school-houses. 

562. Private schools can have no portion of the public 
moneys awarded to them. Section 8 of Article IX of the 
Constitution of the State forbids it. 

563. A Superintendent writes as follows: "Should I 
allow a bill to be paid out of the county fund for insuring 
a school-house, before an eight months' school has been 

12 



368 OPINIONS OF STATE SUPERINTENDENTS. 

maintained ? The district has money enough for an eight 
months' school, but as they did not commence in time, 
they will not have time enough to keep eight months be- 
fore July 1st. Now, in order to get the benefit of some 
of, their money that would otherwise be reapportioned, 
they have gone on and insured their school-house, and the 
Trustees' order is in my liands." Section 1621 of the 
Political Code provides that Trustees must use the State 
and county money exclusively for the support of schools 
for that year, until at least an eight months' school has 
been maintained, if at the end of any year during which 
an eight months' school has been maintained, etc. In the 
case of the district referred to, there is money enough to 
the credit of the district to maintain an eight months' 
school, but owing to tardiness in opening school, there is 
not time enough to keep a school so long this year. The 
object of the law, as expressed in Section 1621, was to 
prevent Trustees, having money enough from State and 
county to keep an eight months' school, from closing at 
the end of six months, and using the money so saved for 
purposes for which the district should itself raise the 
money. The Trustees in this case took tlie time from the 
other end of the term. It would be a dangerous precedent 
to establish, that the object of the law could be defeated 
in this way. The bill should not be allowed. 

564. There is no provision of law that authorizes 
Trustees to give notes or evidences of indebtedness against 
a district. Section 1623 foi-bicls Trustees from contracting 
indebtedness in excess of the school money accruing to the 
district for the school year in which the contracts are 
made. 

565. The Attorney-General holds that, if a district 
maintains a six months' school, but by reason of whooping- 
cough fails to maintain an eight months' school, the balance 
on hand at the close of the year should be reapportioned. 
He holds that those things named in Section 1859 as re- 
lieving from the penalty for failing to maintain a six 
months' school are not applicable to the case of a failure 
to maintain an eight months' school, as set forth in Sec- 
tion 1621. 

566. The Trustees of a school district cannot use an un- 
expended balance for other purposes until an eight months' 



OPINIONS OF STATE SUPERINTENDENTS. 369 

school has been maintained. A certain district had a bal- 
ance of 1500 after maintaining an eight months' school last 
year. It is now closing the sixth month this year. The 
Trustees caused the school-house to be painted this winter, 
and drew an order on the County Superintendent, which 
the County Auditor refused to audit, on the ground that 
an eight months' school had not been maintained this year. 
The Trustees thought that under Section 1621 of the 
school law they could use the balance carried over from 
the last school year for repairs or any legitimate purpose. 
The $500 carried over from last year became a part of the 
apportionment this year, and to obtain a balance available 
for miscellaneous purposes this year, an eight months' 
school must be maintained. The Auditor was right. 

567. Superintendents have no power to transfer money 
from the State fund to county fund. Such power would 
be equivalent to that of power to violate the plainest pro- 
vision of law — an inconsistency which cannot for a mo- 
ment be entertained. Section 1622 prescribes the purpose 
fr»r which the State fund shall be used exclusivehj, as dis- 
tinguished from the purposes for which the county fund 
may be used. To transfer State money to the county fund 
would be to violate this plain provision. The authority 
to so transfer does not exist. 

568. When the year ends in which a school has been 
maintained for eight months, the balance of the school 
moneys that are in the county fund may be used by the 
Trustees for any of the purposes which are or might have 
been claims outstanding, up to the time when they shall 
determine to use it for the year succeeding, and have it 
merged with the funds for that succeeding year. If the 
Trustees have caused the balance on hand at the end of a 
school year to be merged with other funds, they must 
wait until an eight months' school has been maintained in 
the succeeding year. 

569. There is no provision of law which permits the 
diversion and use of the moneys of a fund for any pur- 
poses other than those purposes for which that fund was 
created. 

570. When a district has maintained a school for eight 
months in the year the balance on hand of the county fund 



370 OPINIONS OF STATE SUPERINTENDENTS. 

can be used to pay the premium upon a policy of insurance 
against fire. 

571. Under Section 1621 of the Political Code, the bal- 
ance on hand in a district that has not maintained a school 
for eight months in the school year must be reapportioned, 
and this balance cannot be used to pay the premium on a 
policy of insurance against fire. 

572. Under no consideration can any portion of the 
State apportionment be used for the improving of the 
school grounds; and none of the county fund can be used 
for such purpose until after an eight months' school has 
been maintained. 

573. The State School Fund cannot be used for building 
under any circumstances. 

574. The county fund can be used for the purpose of 
building a school-house; but not until after an eight 
months' school has been taught. 

575. Section 1621 of the Political Code does not conflict 
at all Math Section 18 of Article XI of the Constitution. 
The latter forbids running in debt beyond the means of 
paying. Section 1621 is intended to secure an eight 
months' school in preference to other objects. The Boards 
of Trustees and the County Superintendents will know the 
amount of funds belonging; to the district for the year — 
what the school will cost for eight months, and the bal- 
ance, if any; and they may expend the balance in satis- 
faction of obligations which tliey entered into in view of 
that balance. 

576. After an eight months' school has been taught, the 
surplus of funds can be used to provide outhouses, and to 
adorn the grounds with fruit and ornamental trees and 
shrubbery, and to sow the grounds with grass seed ; but 
these expenditures must not exceed fifty dollars. 

577. If a school has not been maintained for eight 
months, any balance remaining to the credit of the district 
must be reapportioned by the Superintendent. The sec- 
tion in regard to the close of school on account of fire refers 
to a six months' school. 

578. Sec. 1621 of the Political Code is explicit that an 
eight months' school must be maintained, if possible, be- 
fore any of the moneys coming from the State and County 



OPINIONS OF STATE SUPERINTENDENTS, 371 

can be used for other purposes. If there are things which 
cannot wait, they must be paid for out of revenues derived 
from district taxation or miscellaneous revenues. A bill 
for insurance can lie over until the school has been main- 
tained for eight months, and then come in as a bill out- 
standing. Doubtless the policy of the law is to prevent 
Trustees from calculating too confidently on their revenues, 
and thereby failing to secure a school for at least eight 
months. 

579, The funds appropriated for one fiscal year cannot 
be used to defray the expenses of any other year. The 
repairs made in the year ending June 30th, 1884, must be 
paid out of the funds for that year. The expenses for 
carrying on the school for eight months must come first, 
and then outstanding claims for the year may be liqui- 
dated, if there is money to do so. 

580, The Superintendent has no means of determining 
hoii) much money is remaining in any fund at the close of 
the year, save the records of his office. The money shown 
by the records to be remaining at the close of the school 
year must be reapportioned. This may cause claimants 
some delay; but, then, they might have avoided the delay 
by a prompt rendition of their accounts in the last school 
year. The policy of the law seems to be two-fold : 1st, to 
secure a school for eight months, if possible ; and, 2d, to 
cause a prompt settlement of accounts annually, 

581, After the State fund has been exhausted, the Trus- 
tees are not required to use the county fund exclusively 
for salaries until an eight months' school has been taught. 
They can use it as well for incidental expenses necessary 
to the support of the school, 

582, If an eight months' school has been maintained, the 
Trustees can use any unexpended balance in the improve- 
ment of the grounds, 

583, If a district, after maintaining an eight months' 
school, has a balance on hand, the Trustees can use it to 
pay any indebtedness for building or repairing, or in any 
other legitimate way, 

584, The Trustees of a district have no right to draw 
upon the county fund of their district for the purpose of 
improving the school-house or other school property until 
after an eight months' school has been taught. 



372 OPINIOXS OF STATE SUPERIXTENDENTS. 

585. After a school has been maintained for eight months 
in any year, the balance of the county fund may be used 
for tlie purpose of repairing or building a school-house, or 
to pay off any outstanding debts, or it may be used for the 
succeeding year. 

586. There is no way under the law by which State fund 
can be transferred to county fund. 

587. After an eight months' school has been maintained, 
Trustees have a right to draw upon the balance in the 
county fund to pay for apparatus, if they think best, or 
for any legitimate claim against the district. 

588. The State money must be used, ahaays, for the 
payment of salaries of primary and grammar teachers and 
to nothing else. It is better to pay this out first, and then 
whatever remains at the close of the year will be available 
for district indebtedness. 

589. Article XI, Sec. 18, of the Constitution, says that 
there cannot be expended during any one year, for any 
purpose whatever, more than the appropriation for such 
year. Hence the Trustees of a district cannot keep the 
school open after the money is exhausted, and draw vi'ar- 
rants for teachers' salaries payable out of the next year's 
funds. 

590. Under no circumstances can the State fund, or any 
portion of it, be used for any other purpose than the pay- 
ment of teachers' salaries. 

590J. If there is not sufficient money in the school funds 
of the current year to continue a school six months, the 
Trustees are not at liberty to continue it and draw upon 
next year's funds. The school must be continued by tax 
upon the district or by the patrons of the school, in what- 
ever way they may deem best, otherwise the district will 
not be entitled to any apportionment for the following 
year. 

591. After an eight months' school has been taught, any 
moneys remaining on hand in the county fund can be ap- 
propriated to the payment of any outstanding claims 
against the district, or such funds can be used for the suc- 
ce(iding year in the purchase of such things as may be nec- 
essary for the support of the school during such succeeding 
year. If Trustees have the right to purchase an unlim- 



OPINIONS OF STATE SUPERINTENDENTS. 373 

ited quantity of wood when such wood is not necessary, 
simply because they can get it at cheaper rates, they might 
extend such purchases, not to the succeeding year only, 
but to any number of succeeding years. It is good busi- 
ness principle to see that the law is complied with, and to 
see that the funds of one year are not appropriated to the 
purchase of an advance supply of articles for the succeed- 
ing year because such articles can be purchased at a low er 
rate. The law does not permit any such action. 

592. If Trustees expend the library fund for furniture, 
or for any purpose, except that for which such fund is pro- 
vided, they violate the law and should be held responsible, 

593. Attorney-General Hart has decided that the law 
permitting or authorizing the temporary transfer of moneys 
from another fund to the school fund in order to avoid the 
necessity for teachers discounting their warrants, is con- 
stitutional. The County Treasurer, upon request of the 
County Superintendent, can transfer sufficient moneys from 
any fund in which there is a surplus, the same to be re- 
placed when the taxes are collected. 

594. Section 1621, Political Code, provides that school 
moneys received from the State and county apportionments 
must be used exclusively for the support of the schools for 
that school year until an eight months' school has been 
maintained. The unexpended balance m.ay be used for the 
year succeeding. (See Section 18 of Article XI of the Con- 
stitution.) The Controller formerly made the apportion- 
ment in August and February; but, on account of the 
installment plan of paying taxes, it has been changed to 
July and .January. The apportionment made in July by 
the Controller, and in August by the Superintendent of 
Public Instruction, is from the funds collected daring and 
for the previous fiscal year. The Controller is right in 
holding that the Superintendent of Public Instruction can- 
not make another apportionment of State School Funds 
until August next. The State School Fund is described 
in Section 4 of Article IX of the Constitution, and em- 
braces moneys raised by taxation in pursuance of Acts of 
the Legislature. (Section 435, Political Code, Statute of 
1891, p. 471.) It is the duty of Superintendent of Public 
Instruction to apportion the State School Fund. (Subdi- 
vision 4, Section 1532, Statutes of 1891, p. 152.) How 



374 OPINIONS OF STATE SUPERINTENDENTS. 

this is to be done is specified in Section 1858, Political 
Code, Vol. 5 of Codes, p. 47. Such apportionment will he 
available for the present fiscal year, and will occasion but 
little delay in drawing warrants. See Section 8 of Article 
XI of the Constitution. (Attorney-General W. H. H. 
Hart, April, 1892.) 

595. The State and County School Funds cannot be le- 
gally applied to the support of high schools. High schools 
must be supported by a special tax for that purpose. See 
Sections 1621 and 1665 of the Political Code, and Statutes 
of 1891, p. 161. (Attorney-General Hart.) 

596. By Section 1617 of the Political Code, Subdivision 2, 
Trustees are required to pay into the County Treasury all 
money>i collected by them for the district, Jrom any source 
v)hatever. 

597. No county fund, nor any other fund apportioned to 
the schools, or to be apportioned, can be used for the pur- 
pose of paying railroad fare of any parties whatever. If 
the Trustees or Superintendents allow any such claims, 
they plainly violate the law, and can and should be held 
responsible. 

598. There is no law which authorizes the transfer of 
funds from one district to another, in the case of children 
attending school in districts other than those in which they 
reside. The increased average attendance in the district 
in which they are permitted to attend, takes the place of 
transfer of funds. 

599. The Attorney-General decided, last July, that the 
State fund apportioned at that time having accrued from 
taxes, and from interest on bonds, for the year in which 
the taxes were levied, and the interest accrued, belonged 
to the school year ending .June 80th, 1892. The same prin- 
ciple will obtain in reference to the apportionment for next 
July; and the fund then apportioned will be available for 
the school year ending June 30th, 1893, and so on here- 
after. 

600. Boards of Trustees are at liberty to use only so 
much of the county fund as may be necessary to furnish 
such supplies as are absolutely necessary for the support of 
the school until after an eight months' school has been 
maintained. After the eight months' school the county 



OPINIONS OF STATE SUPERINTENDENTS. 375 

fund may be used for any of the purposes specified in the 
school law. 

601. Under the law, as lately amended, no part of the 
State School P'und can be used for any purpose other than 
the payment of the salaries of teachers. No part of it can 
be used to pay an outstanding indebtedness for apparatus. 

602. It is the duty of Boards of Education and Boards 
of Trustees to pay all moneys collected by them from any 
source whatever for school purposes, into the county or 
city treasury to credit of the special fund of the city or 
district. 

FURNITURE. ' 

603 Trustees cannot move the furniture from the school 
when the school has been located by the people, without a 
vote of the people. If they refuse to obey the order of the 
Superintendent to replace the furniture wrongly moved, 
action should be begun against them for the purpose of 
compelling them to comply with the law. 

GRADING OF SCHOOLS. 

604. The matter of grading the schools is entirely in the 
hands of the Superintendent, and he is at liberty to obtain 
the information necessary, as a basis for intelligent action, 
in any way that to him may seem best — by actual exam- 
ination, upon the report of the Trustees, upon that of the 
teacher, or upon all these combined. As a general prop- 
osition, it would be manifestly unsafe, and therefore im- 
proper, invariably to grade the schools in accordance with 
the reports of the teachers. 

605. The grading of the schools is in the discretion of 
the County Superintendent, and the practice is different 
in different counties, in reference to the number of pupils 
pursuing studies beyond the primary grade. 

606. There must be a record in the office of the County 
Superintendent showing the grade of all schools in his 
county. 

607. The law. Section 1543 of the Political Code, places 
the grading of the schools in the hands of the County Su- 
perintendent; no one can interfere with his legal discretion 
in the matter. 

608. It is the duty of the County Superintendent to grade 



376 OPINIONS OF STATK SUrERlNTEXDENTS. 

schools, and to his legal discretion the mutter is defined by 
la\\\ The State Superintendent has not power to interfere 
directly. 

609. It is the duty of the Superintendent to grade all 
schools; but whether the schools shall be grammar or pri- 
mary is left to his discretion. 

610. It is the duty of the County Superintendent to grade 
the schools. (See Section 1543 of the Political Code, Sub- 
division 16.) It is left to his judgment what number shall 
be the minimum for a grammar grade. 

611. It is the duty of the County Superintentent to grade 
the schools of the county, but it is left to his judgment 
what number shall be the minimum for a grammar grade. 

612. It is, by Section 1543 of the Political Code, Subdi- 
vision 16th, the duty of County Superintendents to grade 
the schools. The whole matter of grading lies with them; 
and there is nothing in the law, or in any decision from 
this office, that determines what shall constitute a gram- 
mar school. 

613. The matter of grading schools is one entirely in the 
discretion of the County Superintendent. There is no defi- 
nite number designated for the establishment of the gram- 
mar grade. The Superintendent can, if he thinks proper, 
grade a school as a grammar school if there is but one 
grammar pupil. 

614. It is the duty of the County Superintendent to 
grade the schools of his county. The matter of grading 
the schools rests entirely in Ills discretion, and when 
graded, teachers who hold only primary certificates cannot 
teach in schools in which grammar school studies are re- 
quired to be taught. 

615. A school having been graded as a grammar school, 
the teacher who has charge thereof must hold at least a 
grammar grade certificate. 

616. It is the duty of the County Superintendents to 
determine the grade of the schools under their charge . 

HIGH SCHOOLS. 

617. It is necessary for the teachers in a high school to 
hold the high school certificate provided for in Section 
1791 of the Political Code. 



OPINIONS OF STATE SUPERINTENDENTS. 377 

618. It is necessary that all teachers appointed or elected 
to teach in a high school, should have high school certif- 
icates. Parties holding grammar school course certificates 
are entitled to have high school certificates issued to them 
upon presenting the grammar school course certificate for 
cancellation. 

619. Grammar school course certificates are no longer is- 
sued, the grammar school course having been abolished. 
Holders of such certificates heretofore granted are entitled 
to receive high school certificates in their stead, and Boards 
of Education have no right to refuse to grant high school 
certificates in lieu of them when they are presented for 
cancellation. 

620. No party can be employed to do high school work 
who is not the holder of a high school certificate in full 
force and effect. If such party is employed' the Superin- 
tendent must refuse to grant a requisition for a warrant 
for his salary'. 

621. If a city or incorporated town has 1,000 inhabitants 
it may vote to establish a high school without joining with 
it any other district. If such city or incorporated town 
has not 1,000 inhabitants it cannot by itself vote to estab- 
lish a high school, but it may solicit other districts to 
unite with it for such purpose. 

622. Neither a City Board of Education nor a Board of 
Trustees have any authority to employ a teacher to do 
high school work who holds no higher than a grammar 
grade certificate. Every teacher must hold a certificate 
corresponding in grade with the gi-ade of the school in 
which he teaches. The teacher holding a primary certif- 
icate can teach only in a primary school ; the holder of the 
grammar grade certificate can teach in a primary or a 
grammar school ; the holder of a high school certificate 
can teach in any school. 

623. Two or more districts may unite for the purpose of 
establishing a district high school without reference to 
population. The clause relative to 1,000 inhabitants applies 
to cities or incorporated towns. 

624. The action of a majority of the districts petitioning 
for a union high school binds all those that petitioned for 
the formation of the high school, whetiier their vote was 
in favor or not. 



378 OPINIONS OF STATE SUPERINTENDENTS. 

625. All the districts of a county may unite to form a 
union high school. 

62G. Boards of High School Trustees, vinder Section 6 of 
the High School Act, Statutes of 1891, page 183, have 
power to "submit to the electors of a district whether 
bonds of such district shall be issued and sold " for the 
purposes mentioned in Section 1880 of the Political Code. 
(Deputy Attorney-General Sanders.) 

G27. The proposition to establish union high schools 
must be voted upon separately by the districts petitioning. 
If a majority of the districts vote atfirmatively on the 
proposition, the vote binds all the districts petitioning. 

628. The law does not autliorize the admission of pupils 
of the eighth grade in the grammar schools to the high 
schools, except such pupils prove themselves capable of 
prosecuting the high school course. 

629. The Board of Directors of a union high school have 
only such powers delegated to them as are specified in the 
Act authorizing the establishing of such schools. The 
adoption of text-books is not one of those powers. Hence 
the text-books for such schools must be adopted by the 
County Boards of Education. 

630. Directors of county and union high schools have 
power to make such regulations for the schools under their 
charge as they may deem expedient or necessary; provided, 
such regulations are not in contravention of law. Hence, 
they have power to permit pupils in such schools to pur- 
sue special studies whenever good reason exists therefor. 

631. No party, while he is a member of the County 
Board of Education, can serve as Principal of the county 
high school in his county; in doing so he would be acting 
in violation of Section 920 of the Political Code. 

632. Parties holding special certificates cannot be legally 
elected as Principals of high schools, 

633. If the average attendance in any high school for 
the entire time for which the school has been maintained 
for the school year, after the first school year, falls to ten 
or le.ss than ten, the Superintendent shall suspend the 
school in the high school district, and report to the Board 
of Supervisors. Upon receiving this report the Supervisors 
shall declare the district lapsed. (See Subdivision 23d of 



OPINIONS OF STATE SUPERINTENDENTS. 379 

Section 1670 of the Political Code, as amended March 23, 
1893.) 

634. The Attorney-General, as well as the Superintend- 
ent of Public Instruction, has given it as his opinion that 
a High School Board has power, under the law, to submit 
to the electors of the high school district whether bonds of 
such district shall be issued and sold for any of the pur- 
poses named in Section 1880 of the Political Code. 

635. Teachers employed in high schools must hold high 
school certificates. 

636. High schools cannot embrace primary or grammar 
grades; nor can primary or grammar schools embrace high 
school grades. The primary and grammar schools are 
under an entirely different re<jime from that of the union 
high schools. 

637. The law in regard to the establishing of county 
high schools does not require a majority of all the votes 
cast at a general election, but only a majority of the votes 
cast upon the particular proposition to establish a high 
school. 

638. There is no provision of law by which a district in- 
cluded among those voting to establish a union high school 
can be released from the union ; nor is there anything in 
the law empowering a Board of Supervisors to change a 
high school district. 

639. A teacher holding a grammar grade certificate can 
not be employed to teach any branches in a high school. 
The certificate must always correspond in grade with the 
grade of the school. 

640. A teacher holding no other than a special certif- 
icate cannot be legally elected as the Principal of a high 
school. 

641. There is nothing in the law that will authorize a 
Board of Trustees to close a school at an early hour in the 
afternoon in order to accommodate a high school. 

HOLIDAYS. 

642. It is not lawful to make up lost time by teaching 
on holidays or Saturdays. All operations of State institu- 
tions should be suspended on legal holidays ; and Section 
1697 of the school law, by a strong implication, seems to 
exclude Saturdays. 



380 OPINIONS OF STATE SUPERINTENDENTS. 

643. A teacher in the district schools is entitled to pay 
whenever a holiday falls upon a school day as though the 
school had been kept on that day. Whenever a teacher is 
excused from work by the other contracting parties, or by 
the interference of the statute law, it is no fault of the 
teacher, and the teacher loses no right thereby under the 
contract. It is no fault of the teacher that work was not 
done on the holiday, and the teacher was present, or would 
have been present, and under expenses as usual. Under 
tlie previous State administration, the Attorney-General 
decided that a teacher is entitled to pay for holidays hap- 
pening in the term the same as for other days. 

644. The Legislature did not make certain days holidays 
for nothing. When the law was passed it was not passed 
for the simple purpose of whiling away their valuable and 
expensive time. But when they called the days mentioned 
in Section 10, Political Code, holidays, their expression 
became a law; and it is the duty of all Trustees, public 
officers and citizens to obey this and all other laws, and to 
see that they are observed. All schools should be closed 
on legal holidays ; and no teacher should ignore the law 
and teach on a leijal holiday. Teachers have a right to 
refuse to teach, and still to claim pay and to be paid for 
those days. In a case decided by the Chief Justice of the 
State of Michigan the law on tlie point is well expressed. 
He says : "In regard to deductions for holidays we are of 
opinion that school management should always conform to 
those decent usages which recognize the propriety of omit- 
ting to hold public exercises on recognized holidays, and 
that it is not lawful to impose forfeitures or deductions for 
such proper suspension of labor. Schools should conform 
to what may be expected of all institutions in civilized 
communities." 

645. Teachers should be paid for legal holidays ; and 
any person who compels them to teach on legal holidays 
breaks the law; and if they teach on legal holidays they 
break the law. 

646. A teacher is entitled to pay for Thanksgiving Day 
and Election Day, these days being legal holidays. 

647. Legal holidays are to be counted as a part of the 
time to be taught ; and they are to be paid for. 



OPINIONS OF STATE SUPERINTENDENTS. 3S1 

648. It lias been decided over and over by the courts 
throughout the United States that teachers employed in 
the public schools are entitled to pay for holidays, although 
the school is closed on those days ; and they are not re- 
quired to make up those days. 

649. Teachers are employed by the month and not by 
the day; therefore they are not responsible for the loss of 
time caused by holidays. They should neither have de- 
ductions made from their salaries nor be obliged to make 
up the time. 

650. A teacher has no right to teach on legal holidays, 
much less to shorten her term by so doing. A teacher is 
entitled to pay for all legal holidays. 

651. A teacher has no right to change holidays to suit 
his own convenience. The law creates certain holidays 
with the intention of having those days observed. 

652. In case of a holiday during any school month, the 
teacher should count the month as consisting of nineteen 
days, and mark the column for that day "Holiday," mak- 
ing up the average on nineteen days. 

653. Trustees have a right to declare holidays, when- 
ever they think proper to do so, but they have no right to 
deprive teachers of their pay for such days. It is not the 
teacher's fault that the school is dismissed. 

654. A teacher is entitled to pay of salary for all legal 
holidays, and for holidays ordered by the Trustees ; but 
only the number of days actually taught should be counted 
in making up the average attendance. 

655. If a teacher is paid for the entire twelve months, 
the Trustees should deduct nothing for holidays occurring 
in a vacation of the school; bxit, if the teacher receives 
pay only for the months taught, then he cannot claim any 
pay for holidays occurring in vacation. 

656. The day of election for Trustees is not a legal holi- 
day; but the teacher should receive pay for the day^ 

657. Holidays should not be counted in the month. If, 
during the month of April, for instance, there was one 
holiday, the month would consist of nineteen school days, 
and the report of the teacher should be made accordingly. 

658. Teachers employed by the month are entitled to 



382 OPINIONS OF STATE SUPERINTENDENTS. 

pay for holidays. Teachers did not establish holidays, and 
they are not responsible for them. 

650. A teacher who through forgetfulness or who pur- 
posely teaches on a legal holiday is not entitled to demand 
extra pay for that day. He is entitled to his pay if he does 
not teach, and he should receive no more if he does teach. 

060. Since certain holidays have been established by 
law, it is understood that all public schools are to be dis- 
missed on those days, and it would be contrary to the 
spirit of the law to teach on those days, and it would es- 
tablish a bad precedent to substitute other days for them. 
If a teacher could make such a change for one day, he 
could, with as much propriety, make a change for any 
week when it did not suit his convenience to teach, and 
thus vary the time of the whole term. Trustees have no 
legal right to allow it, and they ought to deduct the salary 
of any teacher for the day taken in substitution for a legal 
holiday. 

661. Teachers have no right to teach on legal holidays 
and count such time as extra, thereby shortening the term 
by so many days. They might as well claim that they 
have a right to teach on Sundays and count that time as 
part of the term. County Superintendents should dis- 
countenance such a course, and Trustees should not al- 
low it. 

662. The Trustees can grant a holiday, and make any 
arrangements to have the time made up which do not con- 
flict with the provisions of Section 1673 of the Political 
Code. 

663. Teachers cannot be required to teach extra time to 
make up for legal holidays occurring during any school 
month. 

664. Should a legal holiday occur during any school 
month, the school month is reckoned at nineteen days, and 
the percentage of attendance, average daily attendance, 
and average number belonging are estimated on this basis. 

665. Holidays must not be considered as "days taught." 
To so consider them would make a false showing, and this 
we cannot afford to do. If a holiday occurs in any school 
month, count nineteen days in making reports. 



OPINIONS OF STATE STPERINTENDENTS. 383 

666. When holidays occur during any school month, the 
teacher is entitled to pay for such holidays. 

667. Holidays are established by law, and the schools 
should be closed upon those days. The Trustees have no 
right to order the school to be kept open thereon . If a 
holiday falls upon a Sunday the day following is a holiday 
and the school should be closed thereon. Teachers have 
no right to teach on holidays, and hence have no right to 
demand pay for teaching thereon. No day can be counted 
as two days. In making average number belonging and 
per cent, of attendance count only the days actually 
taught, excluding holidays. Teachers in reporting to the 
Superintendent should count holidays as holidays and re- 
port the holidays in the column provided for that purpose. 

668. It is not proper to conduct the exercises in any 
school on holidays. The intention of the law is that all 
schools should be closed on holidays, 

669. Trustees cannot legally meet on a legal holiday and 
transact any business. If the time appointed for the elec- 
tion of a Clerk of the Board falls on a legal holiday, the 
Clerk should be elected on the Monday following. 

670. Teachers have no right to teach upon legal holidays; 
and if they do teach on those days, they are not entitled 
to any extra salary for so doing. They cannot teach upon 
holidays to make up lost time. The}'- are entitled to pay 
for all legal holidays, and for all holidays ordered by the 
Trustees. 

671. Teachers have no right to teach on legal holidays; 
on those days the schools should be closed. Teachers can- 
not teach on a holiday and then take some other day as a 
holiday. Teachers cannot collect extra salary for teaching 
on a holiday. Trustees have no right to require a teacher 
to make up the day on which the school was closed in 
order to allow the children a holiday. 

672. The first day of May is not a legal holiday. (See 
Section 10 of the Political Code. ) 

673. Teachers cannot be required to teach on holidays, 
nor to make up holidays by teaching extra days. They 
are entitled to their salary for holidays ; but are not enti- 
tled to extra salary if they teach on such days. 



384 OPINIONS OF STATE SUPERINTENDENTS. 

INCORPORATED CITIES OR TOWNS. 

074. By Section 1576 of the Political Code, "Every 
county, city or incorporated town, unless subdivided by 
the legislative authority thereof — that is, by the Board of 
Supervisors, or Board of City Trustees — forms a school 
district." The Supervisors can, upon petition, annex to 
any city or incorporated town, for school purposes only, 
the remainder of the distrist or districts from which said 
city or town was organized, or any j)art thereof; and w^hen 
any territory shall be thus annexed to a city or an incor- 
porated town, the Board of Education, or Board of School 
Trustees of said city or town shall have full control, for 
school purposes only, of the territory or property annexed. 

675. There is no decision of the Supreme Court, or of 
any Court, so far as we know, in reference to the matter 
of uniting territory lying outside of cities of the fifth class 
to said cities. The entire law relative thereto is contained 
in Section 1576 of the Political Code and Section 795 of 
" An Act to provide for the organization, incorporation 
and government of municipal corporations," approved 
March 13, 1883, as amended March 10, 1891, and March 
23, 1893. 

676. There is nothing in the law that authorizes or em- 
powers a Board of Supervisors to set off a part of an incor- 
porated city into a district outside the limits of the incor- 
poration. The authorities of such a city may subdivide it 
into districts (see Section 1576 of the Political Code); but 
unless this is done, every incorpoi-ated city forms a school 
district. By the same Section and by Section 795 of "An 
Act to provide for the organization, incorporation and 
government of municipal corporations," approved March 
13, 1883, amended March 10, 1891, and March 23, 1893, 
outside territory may be annexed to a city; but nowhere 
is authority given to exclude or set off territory from the 
incorporation. 

677. Every incorporated city or town forms a separate 
school district unless subdivided by proper authority. 
This proper authority is the legislative authority of such 
city or town, and not the Board of Supervisors. Section 
1576 expressly says "by the legislative authority thereof." 
The Board of Supervisors is not the legislative authority 
of a city or town. The Trustees of the incorporation — 



0PI>C10KS OP STATE SUPERINTENDENTS. 385 

not the School Trustees — may subdivide the incorporation 
into districts; but there is no law that empowers either 
the Board of Supervisors, the Board of Education, or the 
Board of School Trustees to do so. 

INDIAN CHILDREN. 

678. Trustees of a school district are not required to do 
anything for the Indian children residing on rancherias. 

G79. The children of Indian parents who are taxed are 
rightly entitled to attend the public schools, unless sepa- 
rate schools are established for them as provided in Sec- 
tion 1662 of the Political Code. If the Indian children are 
not kept in cleanly condition. Boards of Trustees are em- 
powered by Section 1662 of the Political Code to exclude 
them from the schools. 

680. The children of Indians who pay taxes are rightly 
entitled to attend the public schools. 

681. I am of opinion that the children of Indian parents, 
" who have settled upon Grovernment land and have U. S. 
patents therefor," are "school census children" within 
the meaning of the law. See Section 1662 of the Political 
Code, as amended, Statutes of California of 1891, page 
160; also Wysinger v. Crookshank, 82 Cal., 592. (Attor- 
ney-General Hart. ) 

682. I have held, and Attorney-General Hart concurs in 
opinion with me, that the children of Indian parents who 
are not living in the tribal relation are entitled to be en- 
rolled as census children; especially is this the case when 
their parents have proven upon lands. The property of 
Indians is assessable. 

683. The children of Indian parents who have settled 
upon Government lands, and have U. S. patents therefor, 
are school census children within the meaning of the law. 
The children of Indian parents who are not living in the 
tribal relation are census children. 

684. If the parents of Indian children still maintain 
their tribal relation, the children are not entitled to attend 
the public schools, unless they are living under the guard- 
ianship of white persons. If the parents have given up 
their tribal relation, they are entitled to send their chil- 
dren to the public schools, except as provided in Section 
1662 of the Political Code; but they must keep their cliil- 



386 OPINIONS OF STATE SUPERINTENDENTS. 

dren in proper condition; otherwise it is proper and right 
for the Trustees to exclude them from the schools. ' 

INSTITUTES, TEACHERS'. 

685. Time spent by the teacher in attending the Insti- 
tute in her county, and legal holidays are included in the 
eight months. A school in which the teacher taught 154 
days, was present at the Institute five days and there was 
one holiday, is regarded as a school of eight months. 

686. Teachers have a right to demand pay for the time 
during which they were attending at the Institute, if such 
time was within the time covered by the contract. 

687. A Superintendent may call the Institute in any 
part of his county. 

688. No teacher who absents himself from the Institute 
is entitled to pay during such absence, whether employed 
in teaching or otherwise. The law says plainly that every 
teacher employed in a public school in the county must 
attend the Institute and participate in its proceedings. As 
a penalty for non-attendance, County Boards have the 
power to revoke the teacher's certificate for unprofessional 
conduct. Prima facie, such disobedience of the law, and 
contempt of the summons of the County Superintendent, 
would be unprofessional conduct, and it would be incum- 
bent upon the accused party to show, in any particular 
case, that the oflfense did not amount to that. 

689. The organization of the Teachers' Institute is in 
the discretion of the County Superintendent. Generally 
he would consult some one or all of the teachers; but he 
is not bound to do so. 

690. It is only when the Institute is held during the 
time that teachers are employed in teaching that their pay 
must not be diminished by reason of their attendance. 

691. County Boards of Education have the right to re- 
fuse to renew the certificates of persons who have failed to 
attend the Teachers' Institute. 

692. Section 1543 makes it the duty of the County Su- 
perintendent to report teachers who fail to attend the In- 
stitute to the County Board of Education, and it is clearly 
the duty of the Board to take such action as they deem 
expedient and wise. Absenting one's self from the ses- 



OPINIONS OF STATE SUPKRINTENDENTS. 387 

sioiis of the Institute and thereby violating the law is un- 
professional conduct, and certificates may be revoked for 
unprofessional conduct. Sickness shoulcl, of course, ex- 
cuse a teacher from attending. 

693. The Superintendent must report the names of all 
teachers in the county who fail to attend regularly the 
sessions of the Institute. Any teacher failing to attend 
violates the law as laid down in Section 1560; and this 
violation should be regarded by the Board of Education as 
unprofessional conduct, and be dealt with as such accord- 
ing to Section 1771. There is no law for the suspension 
of certificates for this cause; but they may be revoked. A 
Superintendent would be justified in withholding a war- 
rant, the teacher having failed to perform the duties re- 
quired by law, even though the teacher should teach 
during the sessions of the Institute. 

694. While the law does not require that a County Su- 
perintendent should give each teacher a personal notice of 
the time and place of holding the Institute, it is desirable 
to do so, because many of the teachers do not take county 
papers, and some are at a distance from the county seat. 
At least a postal card should be sent, so that none may 
make ignorance of the time and place an excuse for non- 
attendance. 

695. Sickness, so great that a teacher could not attend 
school if it were in session, fire, and flood are valid ex- 
cuses for absence from Institutes. 

696. Section 1560 of the Political Code makes it obliga- 
tory upon the part of teachers to attend the Institute in 
their county. If a teacher declines to obey the law, the 
County Board should notify such delinquent to appear be- 
fore it and show cause why his certificate should not be re- 
voked for unprofessional conduct. 

697. Ill health should not be regarded as a valid excuse 
for failure to attend the County Institute, unless the alle- 
gation of such excuse is accompanied by a physician's cer- 
tificate to the efi"ect that the person was absolutely too 
sick to attend to any business whatever. 

698. A teacher who fails to attend the County Institute 
and is afterwards excused by the County Board is not en- 
titled to any pay during the time of absence. 



388 OPINIONS OF STATE SUPERINTENDENTS. 

699. If a teacher lias been engaged to teach a certain 
school in a county, he is obliged to attend the Institute, 
even though his school has not opened for the term. 

700. If a teacher has been engaged to teach a certain 
school in a county, he is not entitled to salary for the week 
during which the Institute is held, uidess the school was 
to commence that week. 

701. If a teacher has been engaged to open school on a 
certain date, it is not right to refuse to pay him for the 
week, if he was prevented by the Institute from opening 
school on that date. 

702. It is at the option of the Superintendent when the 
Institute shall be held; and teachers must attend it wher- 
ever held. 

703. Refusal upon the part of a teacher to speak upon 
an educational topic at a Teachers' Institute would be 
justly considered "unprofessional conduct." The law 
makes it the duty of the, County Superintendent to preside 
over and conduct the Institute, and it also makes it the 
duty of every teacher to ^participate in the proceedings of 
such Institute. 

704. Duties as delegate to a religious convention would 
not be a sufficient excuse for non-attendance at an Insti- 
tute. 

705. A teacher of a joint district should attend the In- 
stitute in the county which has the greater number of 
pupils. But in special cases, the two Superintendents can 
make such arrangement as they please for the accommo- 
dation of the teacher. But it should be well understood 
between them tvhkh Institute the teacher is to attend. 

706. Teachers are not entitled to pay for attending the 
County Institute after the close of their schools. Section 
1563 says that teachers must have their pay, if the Insti- 
tute is held during the time in which they are employed 
in teaching. If the Institute is held during the last week 
of the term, the teachers are as clearly entitled to pay as 
if it came during some other week. 

707. The County Superintendent has not the power to 
excuse a teacher from attendance upon the Institute. He 
must report to the County Board the name of every 
teacher who does not attend the sessions regularly. The 



OPINIONS OF STATE SUPERINTENDENTS. 389 

law gives him no discretion in the matter, and no power 
to excuse from attendance thereon. The County Board 
must deal with absentees. 

708. There is no law authorizing Trustees to pay the 
traveling expenses of teachers when attending Institutes. 
In Section 1563 of the school law, the words "their pay 
must not be diminished by reason of their attendance " 
have reference to salary. 

. 709. There is no penalty provided in the law for failure 
on the part of a Superintendent to call an annual Institute 
in his county. But Superintendents, before entering upon 
the discharge of their duties, take an oath to support the 
laws. Failure is in violation of such oath of office. 

710. Whilst there is no law requii-ing teachers to attend 
their County Institute, occurring during the time that 
such teachers are unemployed, I am fully satisfied that it 
is their duty to do so. The mere fact that a vacation 
occurs during the. time at which the Institute is held does 
not absolve a teacher from compliance with the law. If 
the teacher is not employed he could not be held amenable; 
but a vacation does not form any excuse for non-attend- 
ance. Section 1563 of the Political Code is plain. It is 
supposed, and ought to be, that teachers in our schools 
are willing and ready to do all in their power to better 
qualify themselves for the discharge of their duties to 
themselves and to the schools. 

711. I think, under Section 1791 of the Political Code, 
Statutes of 1891, page 163, city teachers are employed in 
the public schools of the county within the meaning of 
Section 1560 of the Political Code, and must participate in 
the proceedings of the County Institute. This leads me 
to think that under Section 1565 of the Political Code, 
each applicant for a certificate, except temporary, upon 
presenting his application must pay to the County Super- 
intendent a fee of $2, to be deposited to the credit of the 
Teachers' Institute and Library Fund. (Attorney -General 
Hart.) 

712. Teachers in joint districts may elect which of the 
County Institutes they will attend. There is no law upon 
this subject. The Superintendent of the county in which 
they do not attend should be notified of their intention to 
attend in the other county. 



390 OPINIONS OF STATE SUPERINTENDENTS. 

713. The claim for teachers' salaries during the session 
of a County Teachers' Institute is a just and legal one, and 
must be paid. Section 15G3 of the Political Code very 
clearly states the matter, and Trustees, as such, are re- 
sponsible. 

INSURANCE, 

714. A sum of money paid to the Trustees in satisfac- 
tion of a policy of insurance on a school-house that has 
been burned should be deposited with the County Treas- 
urer to the credit of the building fund of the district. This 
is what would be done with a building fund, however de- 
rived, according to Section 1886 of the Political Code. 

715. The Board of Trustees, on receiving the insurance 
money for a school-house destroyed by fire, should deposit 
it in the County Treasury to the credit of the district, and 
it should be drawn only by the Superintendent's requisi- 
tion, made on the order of the Trustees, accompanied by 
itemized bills, according to Section 1543 of the Political 
Code. 

716. A school-house is insured for $300 and the library 
for $200; all is consumed by fire, and the policy is paid in 
full. The $300 and the $200 respectively should be placed 
in the County Treasury to the credit of the district — the 
former to the credit of the building fund and the latter to 
the credit of the library fund. 

717. The law makes it the duty of the Board of Trustees 
to have control and to care for the property of the district. 
The insuring against fire is a proper care and precaution. 
The premiitm on the insurance should be paid from the 
county fund. The Attorney -General agrees with this 
opinion. 

718. A Trustee, acting as an insurance agent, cannot 
solicit insurance upon any property which is under the 
control of the Board of which he is a member. 

719. A Trustee who is an insurance agent cannot legally 
insure the school property in his district, and receive a 
commission on the same. 

720. According to Section 1621 of the Political Code, 
Trustees cannot use the school moneys received from the 
State and county apportionments for any purpose other 
than the support of schools for the current year, until 



OPINIONS OF STATE SUPERINTENDENTS. 391 

after an eight months' school has been maintained. Hence, 
an eight months' school must be taught before the Trustees 
can use the funds for the purpose of insurance. 

INTEREST. 

721. There is no law allowing interest on deferred pay- 
ments from either State or county funds. 

JANITORS. 

722. Trustees are required to appoint a suitable person 
to sweep and take care of the school -house, and if they 
fail to do so the Superintendent may appoint a person for 
that purpose. 

723. The Trustees of a school have no right to compel 
the scholars of a school to sweep the Hoor. 

724. If the Board of Trustees do not appoint a janitor 
to keep the school-house clean, the teacher has not the 
authority to require pupils to do so. Section 20 of the 
Rules and Regulations of the Public Schools of California, 
and Subdivision 7th of Section 1617 makes provision in 
such a case. 

725. Boys cannot be required to carry water, nor can 
pupils be reqiiired to take home towels to be washed. 
These are duties that belong to the janitor. 

726. When no specified sum has been agreed upon be- 
tween Trustees and janitor, and no payment has been 
made for two or three years for want of funds, after an 
eight months' school has been maintained, the Trustees 
can pay him out of any balance remaining in the county 
fund. 

727. The rule originally passed by the State Board al- 
lowing teachers to require pupils to sweep the school-house, 
was repealed by the State Board of Education, in accord- 
ance with a decision of the Attorney-General, rendered 
December 15th, 1888, in which he said: "It is inconsist- 
ent with the laws of this State for the Board to make a 
rule which dispenses with one of the duties of Trustees, as 
provided by law, to employ a janitor.' 

728. A teacher has no right to insist upon pupils doing 
janitorial work. 

729. Children attending school cannot be compelled to 
chop wood; this is the duty of the janitor. 



392 OPINIONS OF STATE SUPERINTENDENTS. 

730. A janitor should keep the school building and yard 
in an orderly and cleanly condition. He should bring 
wood and water where necessary, make fires, etc. These 
duties should be performed as often as the nature of the 
work may require. 

731. When the Trustees and the Superintendent fail to 
appoint a janitor, the teacher cannot legally claim pay for 
the services without a special agreement. It would, how- 
ever, be a matter of justice to allow a teacher pay for the 
work. 

732. If through the neglect or refusal of Trustees to ap- 
point janitors for the schools the Superintendent is com- 
pelled to appoint them, the Trustees cannot refuse to issue 
orders for the x^ayment of such janitors. 

733. The law requires Boards of Trustees to appoint 
janitors, and directs the Superintendent, in case they do 
not, to appoint. 

7335. The janitor of a school has no right to open the 
rooms of the school building for the admission of pupils. 
In order that the school property may be properly cared 
for, the janitor should be held responsible, and the rooms 
should not be left in such condition that any parties can 
enter them, except under the notice of the Principal or 
teachers. The Principal has, and of right ought to have, 
the charge of the school l)uilding. It would be entirely 
Tuireasonable to say the Principal sliould not have keys to 
the rooms of the school building. The Principal has the 
right to direct the janitor in reference to his work. For 
any Board to make a rule making the janitor independent 
of the Principal would be unreasonable and wrong. 

734. The Clerk of a Board of Trustees has no authority 
to employ a janitor for the school ; the duty belongs to 
the Board of Trustees. If the Trustees fail or refuse to 
appoint, the Superintendent of Schools must do so. (See 
Sections 1C07 and 1543, Subdivision 12.) 

KINDERGARTENS. 

735. The only law relating in any way to kindergarten 
work is that contained in Section 16 17, Subdivision 9, and 
Section 16G2. Inferentially tliis gives to Boards of Edu- 
cation and Boards of Trustees in cities and towns the right 
to establish kindergarten schools, and the Trustees would 



OPINIONS OF STATE SUrEKINTEXDENTS. 393 

have the right to purchase such material out of the county 
fund as they may deem necessary for the conduct of the 
schools. 

736. The law provides that in cities and towns in whicli 
the kindergarten has been established, children of four 
years may be admitted. There is no provision in the law 
for excluding any children from being counted, in making 
the average attendance, who are Ia\vfully entitled to attend 
a school. 

LAND, DEDICATION OF. 

737. If land has been dedicated for school purposes, and 
has been accepted by the district, the dedication cannot 
be revoked ; the district can hold the laud, even though 
the dedication and acceptance were oral or merely implied 
from the conduct of the parties. (See Carpenteria School 
District v. Heath, 56 Cal., 478, — Oregon Sanders, Second 
Deputy Attorney-General. ) 

LIBRARY FUND. 

738. The library fund is a per cent., not less than five 
nor more than ten, as indicated by the Trustees, taken 
from the county fund. This fund must be expended in 
the purchase of apparatus or books which have been 
adopted by the County Board of Education, and for no 
other purpose whatever. 

739. Trustees have no right to use the library fund, or 
any part of it, in the purchase of text-books for use in the 
school. 

740. No portion of the library fund can be used for any 
such purpose as the purchase of furniture any more than 
it can be used for building the school-house. Under the 
term "apparatus" are included such things as maps, 
globes, charts, philosophical and chemical apparatus, etc. 
— distinctively appliances for study. Should Trustees 
draw an order upon the library fund in payment for school 
furniture of any kind, the law would not justify the Su- 
perintendent in drawing a requisition upon such order. 

741. There is no law which authorizes Trustees to pay 
the Librarian of the district library. In Section 1617, 
Subdivision 11th, power is given the Trustees simply " to 
appoint District Librarians," omitting all mention of com- 
pensation. The naming of District Librarians in a subdi- 



394 OPINIONS OF STATE SUPERINTENDENTS. 

vision by itself, carefully omitting all mention of compen- 
sation, instead of including it among the employes whose 
compensation the Board may "fix and order paid," clearly 
indicates that the Legislature intended that the Librarian 
should serve without compensation. 

742. In case of the division of a district, the library 
would not be divided, but would remain the property of 
the old district. In the case of the erection of a second 
building in the same district, the Trustees would have 
power to divide the library between the school-houses. 
(See Section 1715 of the Political Code.) 

743. Under Section 1712 of the Political Code, no part 
of the library fund can be expended in the purchase of an 
organ. 

744. According to Section 1712 of the Political Code, 
the library fund is to be expended for " books for a school 
library " and for school apparatus. Text-books for teach- 
ers are not books for a library, and therefore, "text-books 
for the use of teachers " cannot be purchased with the li- 
brary fund. 

745. Neither teachers' desks nor library desks can be 
purchased with the library fund. 

746. Bookcases being furniture cannot be purchased 
with library moneys. 

747. Article XI, Section 18, of the Constitution, pro- 
vides that no school district shall incur any indebtedness, 
in any manner or for any purpose, exceeding in any year 
the revenue provided for that year. If the library fund is 
exhausted the Trustees cannot this year incur any liability 
or indebtedness for the year to come. 

748. The library fund cannot be used for the purchase 
of an organ. 

749. Library funds to the credit of a district, and not 
expended at the end of the year, are not to be reappor- 
tioned. 

750. The library fund is annually taken from the school 
fund, and cannot be seized upon for redistribution ; it is 
set aside for a specific purpose. 

751. It would be illegal for the Trustees to use the li- 
brary fund for the purpose of purchasing an organ. 



OPINIONS OF STATE SUPERINTENDENTS. 395 

752. The library fund cannot be used for the purchase 
of mottoes, historical engravings, paintings, or portraits 
of eminent persons. These are not school apparatus, and 
the law says the fund may be used for apparatus and for 
books. 

753. Under the provisions of the Constitution, and un- 
der the general provisions of law bearing upon the matter, 
the Trustees of a district have no right to incur any in- 
debtedness, or enter into any contracts in excess of the 
money on hand at the date of the contract. Hence they 
cannot purchase more books than can be paid for with the 
money in the fund at the date of purchase. 

754. The Trustees have no right to use the library fund 
for the purchase of a library record book. It can be used 
only for the purchase of school apparatus and for books 
for a school library. 

755. The library fund cannot be legally used for any- 
thing but the purchase of library books and apparatus, 
such as maps, charts, globes, etc.; not for furniture. 

756. The County Superintendent not only has the right 
to refuse to draw a requisition in payment for any books 
for the district library which are not on the list adopted 
by the County Board of Education, but it is clearly his 
duty to draw no requisition for such books. 

757. The balance remaining in the library fund at the 
end of any school year should not be reapportioned. The 
last clause of Section 1621 evidently does not mean to in- 
clude the library fund. 

758. No Board of Trustees has a right to expend from 
the liljrary fund more money than the year's apportion- 
ment. 

759. The library fund cannot be turned ov^er into the 
general fund and used for the payment of teachers' salaries. 
This fund can be used only for the purchase of such books 
or apparatus as may have been adopted by the Coimty 
Board of Education. With a proper teacher the school 
library is a very important instrument in the cause of pojj- 
ular education. If a child is only taught to read well and 
to read good books, he has found the key that will unlock 
to him all other knowledge. Children should be taught to 
use tlie library. Nothing better can be done to promote 



396 OPINIONS OF STATE SUPERINTENDENTS. 

the interests of education in a district than to secure such 
a teacher as will direct pupils in careful reading. 

760. Present Trustees cannot make contracts binding 
upon their successors to pay out the library fund of future 
years. The Attorney-Cleneral says: "No school district 
can incur any indebtedness or liability exceeding in any 
year the income and revenue provided for it for such year, 
except as provided in Section 18, Article II, of the Con- 
stitution; and persons dealing with the district in viola- 
tion of this section must take their chances for payment 
of their claims. " 

761. The library fund, under the law, can be used only 
for the purchase of miscellaneous library books, supple- 
mentary l)ooks, or apparatus, adopted by the County 
Board of Education. It is not lawful to use this fund for 
the purchase of school books for the pupils of the district; 
such l>ooks can be purchased only with county fmid. 

762. There is no authority given in the law for trans- 
ferring the library fund to the school funds, or by which 
tlie library fund can be used for any purpose otlier than 
the purchase of library books or apparatus. 

768. Trustees have no right to appropriate the library 
fund to any purpose except that of purchasing library 
l)ooks, including books for supplementary work, and for 
apparatus. Text-books, even for those unable to purchase 
them, cannot be paid for out of the library fund, and only 
such books or apparatus as have been adopted l)y the 
County Board can be paid for out of this fund. 

764. A district cannot be held liable as such for the pay- 
ment of any indebbedness contracted in excess of the 
school moneys accruing to the district for the school year 
in which the contract is made. If Trustees contract any 
liability against the liljrary fund of the district in excess 
of the moneys apportioned to said fund for the school year, 
the Superintendent should refuse to issue a requisition in 
payment of the excess. 

LIBRARY, SCHOOL. 

765. A teacher should be allowed the use of the school 
lilirary without charge. He is the proper person for Li- 
])rariau during the school term. 



OPINIONS OF STATE SUPERINTENDENTS. 397 

766. When a new district is cut off from an old one the 
Trustees of the old district have not the right to give a 
part of the library books to the new district. The parents 
or guardians, by petitioning for a new district, voluntarily 
relinquish all right to the property, or any part thereof, 
of the old district. As well might the Trustees divide the 
desks and other furniture as divide the library. 

767. No books can be purchased for school libraries ex- 
cept such as have been adopted by the County Board of 
Education. These Boards alone can make lists of books 
and apparatus for school libraries. 

768. The Trustees of the district hav^e charge of the dis- 
trict library. The State Board of Education has left to 
the local Trustees the designation of the particular days 
and hours when it shall be kept open for drawing and re- 
turning books. The library should not be kept open only 
in vacation.<i. 

769. Under Section 1715 of the Political Code, the li- 
brary, when practicable, must be kept in the school-house. 
The Board of Trustees have not the power to keep the 
books elsewhere. 

770. No persons, except pupils attending the school 
with which it is connected, are entitled to the privileges 
of the district library, until they have paid the fees pro- 
vided for by the rixles of the State Board of Education. 
The Trustees have no right to grant any person the free 
use of the library. The parents of pupils have no right to 
draw books from the library, unless they have paid the 
fees provided for. When a child leaves the school, the 
right to draw books from the library ends, iinless fees are 
paid for the privilege. 

771. Writing paper, pens, chalk crayons, slate pencils, 
and books for children of parents unable to pay for them, 
should be paid for out of the county fund. The library fund 
must be expended in the purchase of school apparatus and 
books for a school library; and although books purchased 
for the children of parents unable to pay for them are to 
be kept in the library when not in use, they are not books 
for the library, but books for children of this class. Nor 
are the other articles apparatus under the interpretations 
of that term made by the different Superintendents of 
Public Instruction during twelve or fourteen years past. 



398 OPINIONS OF STATE SUPERINTENDENTS. 

772. Unless the Penal Code is on the list of books pre- 
scribed by the County Board of Education, it is unlawful 
to purchase it with the library fund. 

773. The law makes it the duty of the County Board of 
Education to adopt a list of library books, etc., for school 
libraries, and the County Superintendent not only has the 
legal right to refuse to draw his requisition for books or 
apparatus not on such list, but it is his duty to refuse to 
do so. 

774. A school has no chair or desk for the teacher, and 
no bookcase for the library. It is most certainly the duty 
of the Trustees to provide a chair and desk for the teacher 
at the beginning of the term. They should also provide 
some kind of case for the library, as the law makes them 
accountable for the proper care and preservation of the 
library. 

775. The Trustees cannot remove the library, furniture, 
etc., from the school-house in which the school has been 
maintained, without a vote of the district. 

776. According to Section 1716 of the Political Code, 
any resident of a school district is entitled to obtain books 
from the school library upon payment of such monthly fee 
as may be prescribed by the Trustees. If no fee has been 
prescribed, residents of the district may obtain books 
without charge. 

LIBRARY, TEACHERS' REFERENCE. 

777. As the Superintendent disburses the money be- 
longing to the Teachers' Reference Library Fund, he 
should be the person to select the books, and the library 
should be kept in his office, where the teachers can have 
access to it. 

778. One-half of the Teachers' Library Fund can be 
used in defraying the expenses of County Institutes; the 
other half must be expended for books. The County Su- 
perintendent is the proper person to select the books. 

779. Books of poetry or miscellaneous prose should 
not be included in the Teachers' Reference Library. If 
such books are purchased with the Teachers' Library 
Fund, tlie purposes for which this fund was established 
will be entirely defeated. It was the distinct intent of 
this law to found a tea,chevs 2>^'o/'essional library, which 



OPINIONS OF STATE SUPERINTENDENTS. 399 

would give them access to a wider range of strictly educa- 
tional literature than they would otherwise have. 

780. The County Superintendent is the proper person to 
select and purchase the books for the Teachers' Reference 
Library. It is as much his duty to select the books which 
he thinks will be most serviceable to the teachers of his 
county as it is to select the subjects and arrange the pro- 
gramme for his Institute. 

781. The Coimty Superintendent, imder the law, has 
charge of all matters connected with the "Teachers' 
Reference Library." It is his duty to select the books, 
purchase and pay for them and to take charge of them; in 
short, he has the whole control. No fee can be charged; 
every teacher in the county is entitled to the use of the 
library. The library is provided for the use of the teach- 
ers without the necessity for any admission fee, or fee of 
any kind whatever. 

782. The County Superintendent of Schools has entire 
charge and control of the Teachers' Professional Library, 
and has the right to select and purchase such books of a 
professional character as he may deem advisable. While 
such is the case, it would be well for him to counsel with 
the County Board of Education, and with the teachers of 
the county, in reference to the selection of books, they 
being all interested therein. 

783. The intent of the law is that the Teachers' Library 
Fund shall be expended for books that particularly apper- 
tain to the profession of teaching, and not for the pur- 
chase of such reference books as the Encyclopedia Brit- 
annica or for any other reference books. 

MEETINGS, DISTRK^T. 

784. Meetings for the purpose of relocating school- 
houses can be called in no other way than by the Board of 
Trustees in the manner provided in Section 1617 of the 
Political Code. 

785. Under the twentieth subdivision of Section 1617 of 
the Political Code, the electors, after they have met for 
the purpose of discussing the business before their body, 
may adjourn from time to time, as found necessary. When 
they finally resolve to vote upon the question, the vote 
may be taken by ballots or by ayes and noes, as they may 



400 OPINIONS OF STATE SUPERINTENDENTS. 

determine. If the electors so resolve, they can adjonrn 
till evening, and finally determine the matter then. 

786. A meeting dnly called in accordance with Section 
1617 of the Political Code, subdivision 20, can determine, 
by a majority vote, the change of location of a school-house, 
and place it wherever in the district it pleases. 

787. The twentieth subdivision of Section 1617 of the 
Political Code, in much detail, gives the length of notice, 
the organization of the meeting, and forbids the trans- 
action of business not specified in the call, etc., etc. A 
meeting called without the concurrence of a majority of 
the Trvistees would not be legal, even though such meet- 
ing should be directed by a majority of the electors of the 
district. 

788. When a meeting has been called in the manner 
prescribed in Section 1617, for the purpose of determining 
or changing the site of school-houses, or concerning the 
purchase or sale of lots, and of building school-houses, the 
Trustees should submit their ideas and plans as to location 
and architecture of the school-house, and then the meeting 
can apj)rove, amend or reject those plans, and give their 
instructions to the Trustees as to entirely different plans, 
should such be preferred by the meeting. 

789. If the voters of a district have voted to remove the 
school-house, it is the duty of the Trustees to carry out 
the will of the people. 

790. A majority of one is sufficient at a meeting called 
by the Board of Trustees for the purpose of selecting a 
school site, and the purchasing or leasing of sam3, and for 
the building of a school-house thereon. 

791. The law empowers the qualified electors of a dis- 
trict, at a regularly called meeting, to instruct the Trustees 
as to the use of the school-house for other than school 
purposes. (See Section 1617 of the Political Code.) In 
the absence of such instruction from the district, the 
Trustees can decide. 

792. The Trustees may be instructed by the qiialified 
electors of a district, at a regularly called meetmg, as to 
the use of a school-house for other than school purposes. 
The Trustees should hold the parties so using the school- 
house responsible for any damage to it. 



OPINIONS OF STATE SUPERINTENDENTS. 401 

793. The Trustees are in all cases bound by the instruc- 
tions of the electors of the district when given at a meet- 
ing called for any particular purpose. If they refuse to 
comply with such instructions, there exists good cause for 
action against them. (See last clause of subdivision 20 of 
Section 1617 of the Political Code.) 

794. Subdivision 20 of Section 1617 of the Political Code 
provides that "upon petition signed by a majority of the 
heads of families resident in the district," the Trustees 
"must call meetings of the qualified electors of the district 
for determininci or changing the location of the school- 
house; and the Board of Trustees shall, in all cases, be 
bound by the instructions of the district meeting." 

795. By vSection 1617 of the Political Code, subdivision 
20, subhead 1, the qualified electors of a school district 
can instruct the Board of Trustees in regard to the use of 
the school-house for other than school purposes; the meet- 
ing for this purpose must be called upon a petition being 
presented to the Trustees, signed by a majority of the 
heads of families residing in the district. The Trustees 
must comply with the instructions given by said meeting. 
The Trustees are responsible for the care of all school 
property; if the property is damaged by their action they 
are responsible. If at a regular or special meeting, held 
as required by subdivision 1 of Section 1617 of the Po- 
litical Code, a majority of the Tru.stees vote to let the 
school-house for other than school purposes, they can so 
let it; but if any citizen of the district objects, they must 
not let the building, except instructed to do so by a dis- 
trict meeting duly called. 

796. The Board of Trustees are bound by the instruc- 
tions of the district meeting relative to the changing of 
the location of the school -house; and there is no provision 
of law by which the Board can locate the building. 

MEETINGS, TRUSTEES. 

797. Each of the Trustees must have notice of every 
meeting in order that their action may be valid. If all 
three have notice, but one does not attend, the other two 
can act; but, in order that their acts may be valid, the 
one who remains away must have had notice. 

798. The transactions had at a Trustees' meeting, which 



402 OPINIONS OF STATE SUPERINTENDENTS. 

was held without giving due notice to all of the Trustees, 
would not be legal. (See Section 1617 of the Political 
Code, subdivision one.) 

799. At a meeting of District Trustees it was decided to 
hold regular meetings on the last Friday of each month, 
at four o'clock P. M. According to Section 1617 of the 
Political Code, subdivision one, it is the duty of the Clerk 
to send written notice to every member of the Board. 

800. All business transacted by Boards of Trustees, 
except in mee.tings, either regular or special, is illegal and 
void. 

801. A Board of Education and a Board of Trustees are 
public bodies. Meetings thereof must be public; and any 
party has a right to be present thereat. 

802. According to Section 1617, subdivision 1 of the 
Political Code, Trustees must transact their business at 
regular or special meetings called for the purpose, notice 
of which shall be given to each member. If this law is 
not complied with any business transacted is illegal. 

803. Trustees must transact all business at either regu- 
lar or special meetings ; otherwise the action of the 
Trustees is illegal and void. (See Section 1617, subdi- 
vision 1.) 

804. No action of a Board of Trustees is legal, unless it 
is had at a regular meeting, or at a special meeting of 
which every member has had notice. 

MORALS AND MANNERS. 

805. Section 1667 of the Political Code requires instruc- 
tion to be given in manners and morals; also on the nature 
of alcoholic drinks and narcotics. This does not require 
the use of text-books. Text-books, unless ordered by the 
County Board of Education, are not imperatively neces- 
sary if the teacher is qualified to teach without them. 

806. The amendments to Section 1667 of the Political 
Code do not aflfect the giving of instruction in temperance, 
narcotics, or morals and manners. This section should be 
carefully observed by all teachers. The instruction can 
be given as well and even better by oral means, as through 
the medium of text-books. It is not the intention to in- 
terfere in any way with temperance instruction in the 



OPIXIONS OF STATE SUPERINTENDENTS. 403 

schools; on the contrary, teachers are enjoined to be 
faithful in seeing that proper instruction is given in these 
important matters. Children should not only be taught 
the nature and eflfects of alcoholic drinks and narcotics, 
but they should be made to avoid the effects. 

MUSIC. 

807. The teaching of music is compulsory. The word 
must, in Section 1665 of the Political Code, does not mean 
may. 

808. Instruction must be given in music and drawing, 
according to the course of study. Any teacher who fails 
to carry out the course of study is guilty of a violation of 
the law, and should not be entitled to her salary. 

809. It is imperative, under the law, that music should 
be taught in all scliools, and it is the duty of all Superin- 
tendents and Boards of Trustees and Boards of Education 
to see that it is taught. 

NORMAL GRADUATES. 

810. Normal school graduates are entitled to first grade 
certificates, even when without experience. There are 
none without the effects of experience in handling and 
teaching classes themselves, and in observing others do 
the same. This is notably true since the strong develop- 
ment of the training departments required by the Trustees 
of these schools. The normal school whose graduates are 
unworthy of first grade certificates ought to have a change 
of faculty, or else be closed. 

NORMAL SCHOOLS. 

811. There is no law districting the State with reference 
to attendance at the State Normal Schools. 

812. Experience had by a teacher while a member of 
the State Normal School, as a pupil in such school, is not 
recognized by the State Board of Education. 

813. No normal class, except the normal class in the 
San Francisco Girls' High School, nor normal diploma, 
unless granted by a State Normal School in the proper 
sense of that term, can be recognized under our law. The 
mere fact tliat the normal class is connected with a State 
University does not signify, unless the University has 

13 



404 OPINIONS OF STATE SUPERINTENDENTS. 

been accredited by the State Board of Education, as pro- 
vided in Section 1775 of the Political Code, 

814. Boards of Education may recognize San Francisco 
normal class diplomas, but they are not compelled to do so. 

815. Section 1503 of the Political Code, as amended 
March 23d, 1893, has reference only to the State Normal 
Schools of California. 

816. No Board of Education in this State can legally 
recognize normal school diplomas, except such as have 
been granted by State normal schools in the United States; 
nor is any Board authorized to grant any other than 
primary or grammar grade certificates upon normal school 
dij)lomas. 

OATH, OF OFFICE. 

817. If a Trustee does not sign his oath of office within 
ten days after receiving notice of his election, his election 
is void, and the Superintendent must appoint. Even if 
the failure to sign is a matter of mistake, the position is 
vacant. 

818. If a Trustee does not qualify within ten days after 
receiving notice of his election, or within fifteen days after 
the commencement of his term of office, when notice has 
not been given, his place becomes vacant, according to 
Section 907 of the Political Code, and the old^ Trustee 
holds over. 

819. A Trustee cannot file his oath of office a/te?' the ex- 
piration of ten days from the time he received notice of 
his election or appointment. (See Section 907 of the Po- 
litical Code.) 

OFFICE. 

820. A member of a County Board of Education, being 
a school teacher, goes into another county to teach during 
the summer, leaving his household goods, and intending to 
return in the fall. Held by the Attorney-General that a 
vacancy in the Board would not be created. The tempo- 
rary absence from the county of a member of the County 
Board of Education will not create a vacancy in the office 
of such officer. (Attorney-General A. L. Hart, Aug., 1881 . ) 

821. To place the power of removing a Trustee in the 
hands of the Superintendent would l>e dangerous. Section 



OPINIONS OF STATE SUPERINTENDENTS. 405 

996 of the Political Code prescribes how vacancies occur. 
If a Trustee violates the law, or neglects his duty, he can 
be removed by appeal to a competent tribunal. 

822. Section 841 of the Political Code jprovides that no 
person is capable of holding a civil office who, at the time 
of appointment, is not twenty-one years of age, 

823. There is no provision of law which will prevent a 
member of the County Board of Education from acting as 
Deputy Superintendent of Schools, unless he receives over 
seventy-five dollars per month as compensation for his 
services as a member of the Board. Section 843 of the 
Political Code provides that no county officer must be ap- 
pointed to act as the deputy of another when the pay of 
the office which he holds equals or exceeds the sum of 
seventy-five dollars a month. 

824. Women have the right, under the law, to hold edu- 
cational offices. They have not the right to vote. 

825. By Act of the Legislature, approved March 12th, 
1874, all women over the age of twenty-one years, and 
who are citizens of the United States, and of this State, 
are eligible to educational offices ; but they are not entitled 
to vote. 

826. Section 841 of the Political Code explicitly denies 
the privilege of holding any civil office to any one not a 
citizen of the State. A year's residence is necessary to 
acquire citizenship. 

827. According to Sec. 1600, Sec. 58, and Sec. 1083, a 
party whose name is not on the "Great Eegister " cannot 
legally hold the office of School Trustee. If such a party 
is elected his place should be declared vacant, and the 
Superintendent should fill the vacancy. 

828. Under the law, any citizen who is an elector is eli- 
gible to any office in the gift of the people. The ability 
to read and write does not enter as a factor in the qual- 
ification to hold the office of Trustee ; but common sense 
would dictate that one unable to read and write is but 
poorly qualified for a position of so great responsibility. 

829. The office of Trustee is not an office of jyrojit under 
the law of this State ; hence there is nothing to hinder a 
Postmaster from holding said office of Trustee, if his salary 



406 oriJSioN.s of .state .superintendents. 

as Pocstmastcr does not exceed five hundred dollars. (See 
Constitution, Art. IV, Sec. 20.) 

830. There is no law in this State requiring a candidate 
for office to be a property holder. Any elector is entitled 
to hold office if the people think proper to elect him. 

831. The party who is voted for for Trustee must be a 
resident and a qualified elector in the district, except that 
women may be voted for for school offices if they are resi- 
dents of the district and citizens of the United States and 
of this State. 

832. By the provisions of an Act approved March 30th, 
1874, any officer who shall be guilty of a willful violation 
of any of the provisions of the statute under which he was 
elected, or of any other statute prescribing or defining his 
duties and powers, may be removed from office in the 
manner therein provided. 

OFFICERS. 

833. Section 4256 of the Political Code makes it the 
duty of the District Attorney to give, when required, and 
without fee, his opinion to county, district and township 
officers on matters relating to the duties of their respective 
offices. 

834. The acts of a de facto officer are valid. (See note 
to Section 220 of the Political Code.) 

ORDERS, OF TRUSTEES. 

835. If a Clerk refuses to draw an order on the County 
Superintendent, and the other two Trustees thereupon 
draw such order upon him, it is his duty to draw his requi- 
sition on this order. 

836. At least two Trustees must sign tlie order on the 
Superintendent for a requisition on the Auditor. 

837. For their own protection as well as for the protec- 
tion of the district. Superintendents should require ail 
orders to be signed by at least two of the Trustees. The 
business of the Board of Trustees should not be done by 
authorizing the Clerk to sign "by order of the Board." 

838. If the Trustees' order overdraws a fund to the 
credit of the district, the order should be returned for cor- 
rection, Math instruction from the Superintendent as to the 



OPINIONS OF STATE SUPERINTENDENTS. 407 

* 

amount in the fund subject to requisition, anrl a new order 
should be drawn for the amount available. 

839. An order on the county fund is presented with a 
bill of six items. Five of the items are legal charges 
against the fiind ; but the sixth is not. In such case the 
illegal item might be disallowed, but the better plan would 
be to return the entire bill for correction. 

840. It is not lawful for a District Clerk to sign another 
Trustee's name to an order, unless he holds a power of 
attorney to that effect. 

841. Trustees should not sign orders in blank. It is not 
a safe way to transact business. 

842. All orders for a teacher's salary should be signed by 
at least two Trustees. The fact that one is elected Clerk 
does not authorize him to draw orders without further ac- 
tion of the Board. 

843. Any balance on a Trustees' order for teaching is 
payable at any time after the order is drawn, whetlier it 
be after the close of the school year or not, provided there 
is money in the Treasury to the credit of the district for 
the year in which the service was rendered. 

844. The law is silent as to the right of Trustees to draw 
an order on any fund before there is money in the fund to 
pay the order. I think the Trustees may draw the order, 
showing the indebtedness, provided they do not exceed 
the estimate of the County Superintendent as to the money 
to come into the fund. 

845. The Trustees have no legal right to draw an order 
in favor of a teacher for anything; that has not been earned. 
When a teacher loses time during a school month, he is 
entitled to make it up, and when so made up he is entitled 
to pay. 

846. There is nothing in tlie law regulating the time for 
making out requisitions for warrants for teachers' salaries. 
Throughout the country districts, the usual custom is for 
the Trustees to make out the requisitions upon the County 
Superintendents for warrants at the expiration of the 
school month ; in cities having Boards of Education the 
matter is subject to the rules adopted by such Boards. 

847. The Trustees of a district may, if they choose, draw 



40S OPINIONS OF STATE SUPERINTENDENTS. 

an order or requisition for the teacher's warrant for salary, 
even though the funds are not apportioned ; but no such 
requisition must be in excess of the Superintendent's esti- 
mate of funds. The Superintendent cannot draw his 
requisition upon the County Auditor for a warrant, unless 
there is money in the Treasury to pay such warrant. 

8-18. The State Superintendent has no power to order 
Trustees to draw a warrant for any purpose. Should 
Trustees refuse to draw warrants the courts can attend to 
the matter when applied to. 

ORGANS. 

849. Under Section 1712 of the Political Code no part 
of the library fund can be expended in the pui-chase of an 
organ. 

850. The library fund cannot be used for the purchase 
of an organ. 

851. It would be illegal for the Trustees to use the 
library fund for the purchase of an organ. 

852. An organ cannot be considered as school apparatus. 

853. The purchase of an organ cannot be included in 
" the support of the school." Hence the Trustees have no 
right to cut the school term down to six months, and use 
the money thus saved, and which was intended for teach- 
ers' salaries, in the pui-chase of an organ, until after an 
eight months' school has been maintained. 

854. An organ cannot be considered as school apparatus, 
and, therefore, cannot be purchased with the library fund. 

855. It has often been decided by both State Superin- 
tendent and Attorney-General that organs being school 
furniture, cannot be purchased with the library fund. 
Nor can they be paid for out of the county fund until after 
an eight months' school has been maintained. 

856. Organs are school furniture, and cannot be pur- 
chased with library fund, 

857. Trustees cannot expend the county fund of their 
district in the purchase of an organ for the school until 
after an eight months' school has been maintained. 

PLANS, FOR SCHOOL-HOUSES. 

858. The County Superintendent cannot reject the plans 
for a school-house on the ground that the site is unhealthy. 



OPINIONS OF STATE STirEKINTENDENTS. 409 

PRINCIPALS. 

859. Principals of schools, bj'- Section 5 of the Rules and 
Regulations adopted by the State Board of Education, shall 
be held responsible for the general management and disci- 
pline of their schools, and the studies pursued ; and the 
assistant teachers shall follow their directions and co- 
operate with them, etc. 

860. The power to classify the pupils of a school belongs 
to the Principal ; and the teachers must follow their direc- 
tions. 

861. The Principal of a school is cei'tainly entitled to a 
key for the building, and for any room in the building ; 
and it is the duty of the Board of Education or Board of 
Trustees to furnish the keys. Janitors are under the di- 
rection of the Principals, and must follow such directions. 

PRINTINCx. 

862. The bill for printing legitimate matter is an " inci- 
dental " expense, and must be audited and paid as other 
claims against the general fund of the county. The Super- 
intendent and the County Board of Education have the 
authority to print whatever may be necessary in carrying 
out the requirements of the law. The printing of circular 
letters of instruction to teachers by the Superintendent, 
the printing of questions for examinations and the printing 
of courses of study are incidental expenses. As such they 
must be audited and paid as other claims against the gen- 
eral fund are paid. (Attorney-General Hart.) 

863. Section 1770 of the Political Code seems to contem- 
plate that the Board of Education may have something 
more to do than to hold examinations for the granting of 
teachers' certificates semi-annually, for it provides that all 
incidental expenses incurred by the Board of Education 
shall be audited and paid as other claims against the gen- 
eral fund of the count}-. It seems to me that the publica- 
tion of a circular letter of instructions to the teachers, by 
the Superintendent, and authorized by the Board of Edu- 
cation, would not fall outside the provisions of the school 
law. The bill for printing legitimate matter is an inci- 
dental expense and must be audited and paid as other 
claims against the general fund of the county. (Attorney- 
(reneral Hart.) 



410 OriNIONS OF HTATE SUPERINTEJJDENTS. 

864. There can be no doubt that tlie printing of ques- 
tions for examination of either teachers or pnpils is a nec- 
essary incidental expense, and must be audited and paid 
as other claims against the general fund of the county are 
audited and paid. 

POSTAGE. 

865. Postage stamps for the necessary correspondence 
relating to school matters should be purchased in the same 
way in which paper and other school supplies are bought. 

866. The Superintendent has no right to draw money to 
pay for postage or expressage ; he should pay his postage 
and expressage and render bills for same to the Auditor or 
the Board of Supervisors. He is entitled to an amount 
not exceeding $2 for each school district for this purpose ; 
but this does not entitle him to draw from the treasury 
$2 for each district ; he should draw from the treasury to 
reimburse himself for moneys paid out for postage and 
expressage to the extent of not exceeding $2 for each dis- 
trict. 

867. The amendments made by the Legislature of 1891 
provide that the Superintendents shall be allowed .|2 for 
each district, for postage and expressage. 

868. When Superintendents tind it necessary to purchase 
postage stamps they can draw upon the County Auditor 
for sufficient money to pay for them, or they can purchase 
them out of their own moneys and draw upon the Auditor 
for enough to reimburse them. They have no right to 
draw upon the Auditor for one-half of the sum of two 
dollars for each district. They draw for enough to pay 
for snch amount of postage as is needed, but the amount 
cannot exceed two dollars for each district. The amount 
of postage needed for each district may be much less than 
two dollars per annum ; if so, only the amount needed can 
be expended. Superintendents are not at liberty to draw 
the two dollars per district and appropriate the surplus 
over what is needed to their own use as perquisites of 
office. The State Legislature appropriates $900 per annum 
for the postage required in the State Superintendent's 
office, but that officer is not allowed to draw the $900, but 
only such part of it as he may need to supply his office. 
Superintendents are not required to keep a separate post- 



OPINIONS OF STATE SUPERINTENDENTS. 411 

age account with each district ; they should keep a postage 
account to show what amount they do draw from the ag- 
gregate of two dollars per district, and to show that they 
do not overdraw the aggregate. Some districts may re- 
quire more postage than two dollars, others much less. 
The aggregate must not exceed the average of tw^o dollars. 

PROMOTION, OF PUPILS. 

869. In Subdivision 2 of Section 1663 the words "or 
otherwise " give to County Boards of Education the power 
to promote pupils or to graduate them without either 
written or oral examination. I have always advocated 
the doctrine that the expressed judgment of the teacher is 
the best means for the promotion of children. The teacher 
who has made herself familiar with the requirements for 
promotion, and who has made herself familiar with the 
status of the individual pupils, can render a more correct 
judgment than can be predicated upon any single w^ritten 
or oral examination. 

870. The County Board of Education determine the pro- 
motion and graduation of pupils, by written examination 
or otherivise. (See Section 1663, Subdivision 2, of the Po- 
litical Code.) 

PROPERTY, CONDEMNATION OF. 

871. Trustees can, if they desire to do so, secure the 
condemnation of private property for school purposes. 
(See Section 17, Mills on Eminent Domain. — Attorney- 
General Hart.) 

PUNISHMENT, CORPORAL. 

872. Tliere is in the School Law nothing to prohibit cor- 
poral punishment in the schools. Expulsion and suspen- 
sion are not the only means of securing good order. Of 
course, corporal punishment should be resorted to only in 
extreme cases, and it should be administered with great 
discretion. The schools would fail of fulfilling their most 
important mission if the only way of meeting the cases of 
those boys who most need controlling and restraining was 
to turn them loose upon the streets, free from all control 
and restraint. 

873. A teacher has a right to inflict reasonable corporal 
punishment upon disobedient or refractory pupils. Should 



412 OPINIONS OF STATE SUrKRINTENUKNTS. 

the rules of the Board of Education or of the Board of 
Trustees direct otherwise, the teacher should be governed 
by such rules. 

874. It has always been held by the courts that teacliers 
hav^e a perfect right to administer reasonable corporal pun- 
ishment. Of course, if there is a rule of the Board of Ed- 
ucation or of the Board of Trustees to the effect that cor- 
poral punishment shall not be employed in any case, teach- 
ers should comply with such rule. The Trustees, by Sec- 
tion 1617 of the Political Code, Subdivision 1, have author- 
ity to prescribe and enforce rules not contrary to law. A 
rule abolishing corporal punishment would not bo in con- 
travention of our law; hence Trustees have a right to 
adopt such a rule, if they think proper to do so. I am of 
opinion that the adoption of such a rule would be unwise, 
for I think the time has not yet come when the ill-con- 
trolled children of ill-controlled parents can be governed 
by any means better than judicious corporal punishment. 

S75. Our statutes are silent as to the matter of corporal 
punishment, and Boards of Education or Boards of Trus- 
tees have the right to enact such rules relative thereto as 
they may deem proper. They may prohibit it altogether 
if they deem it proper to do so. 

876. Trustees have the legal right to adopt a rule pro- 
hibiting all corporal punishment, if they deem such a rule 
a wise one. They certainly ought to prohibit the use of a 
riding whip or of a cowhide. The teacher's common sense 
ought to prevent him from employing either of those in- 
struments. 

PUPILS. 

877. A teacher, or a Principal when there is more than 
one teacher, has a right to detain pupils for a reasonable 
time for misconduct or for disobeying the rules of the 
school. 

878. A teacher has a right to detain pupils after the 
close of school for the purpose of correction or punishment. 
It is a general custom ; but the detention, like other pun- 
ishments, must be just and reasonable. 

879. When pupils have been detained by teachers, a 
person who goes to the school and, in the presence of the 
teacher and the pupils detained, orders the pupils to go 



OriNIONS OF STATE SUPERINTENDENTS. 413 

home, commits an offense punishable by fine from ten to 
one hundred dollars. 

880. To disobey the Kules and Regulations of the Pub- 
lic Schools of California, adopted by the State Board of 
Education, and to act in open defiance of the autliority of 
the teacher, constitutes good ground for expulsion, and 
the pupil so acting should be expelled from the school, 

881. A teacher has a right to detain a pupil after the 
end of the session of the day, as a punishment for violating 
the regulations, or for disobedience, or neglect of duty; 
provided, that children under eight years of age must not 
be kept in school longer than four hours per day. 

882. Irregularity of attendance is cause for expulsion. 
"Every pupil is expected to attend school punctually and 
regularly." If, when the teacher attempts to enforce this 
regulation, the pupil openly and defiantly disobeys his 
order, such pupil is liable to expulsion. 

883. The teacher should have the control of pupils who 
stay at the school at noon, and should supervise their ac- 
tions and movements, and should not permit them to leave 
the school premises without a request from the parents. 

884. If a pupil desires to study ahead of his grade, the 
teacher should exercise his judgment in permitting him to 
study advance lessons. 

885. By Section 1684 of the Political Code all pupils 
must comply with the regulations, pursue the required 
course of study and submit to the authority of the teachers 
of the school. By subdivision 1 of Section 1521 of the same 
Code, the State Board of Education is empowered to adopt 
rules and regulations for the government of the schools. 
The rules and regulations so adopted are required to be en- 
forced in all public schools. (Section 1696, subdivision 3.) 
By Section 2 of the Rules and Regulations adopted by the 
State Board, unless otherwise provided by special action 
of the Trustees, the daily session of every school shall 
commence at 9 o'clock A. M. If any pupil is not present 
at that hour such pupil must be marked tardy. By Sec- 
tion 11 of the same Rules and Regulations, teachers are 
authorized to require excuses from the parents or guardians, 
either in person or by written note, in all cases of absence 
or tardiness. This excuse does not relieve the teacher from 



414 OPINIONS OF STATE STPERINTENDENTS. 

the duty of marking a pupil tardy who is not present at 
9 o'clock; it simply relieves the pupil from the odium of 
offense. No matter what the cause may be a pupil is tardy 
who is not present at the time for opening the session of 
the school. 

886. All pupils entering a school on or after the 1st day 
of July are to be regarded as 7ieio pupils, unless they have 
been entered in some other public scliool in the State on 
or after said 1st day of July. If such pupils have been 
entered or enrolled in some other school on or after the 1st 
day of July they are to be enrolled as pupils received by 
transfer when they enter some other school. 

887. If pupils are promoted from one class or grade to 
another they are not to be enrolled as new pupils, but 
simply as pupils received to the higher class or grade by 
transfer. So if they are put down from one class or grade 
to another. 

888. By subdivision 4, Section 1696 of the Political 
Code, teachers have the right, and it is their duty, to hold 
pupils to a strict accountability for disorderly conduct on 
the way to or from school. 

889. Teachers in schools in which there are Principals 
have nothing to do with the pi'omotion or graduation of 
pupils, except to recommend. The Principals are the re- 
sponsible parties in these matters, and assistant teachers 
must follow their directions. 

READING. 

890. Reading being one of the regidar branches upon 
which all teachers must pass an examination, it cannot be 
considered a special branch, such as is referred to in Sec- 
tion 1771 of the Political Code, subdivision 8; therefore it 
would not be proper to grant a special certiticate to teach 
reading. 

RECESS. 

891. I have no hesitancy in deciding that, according to 
Section 6, page 87 of the School Law, teachers are required 
to remain upon the school grounds during the noon recess. 
This recess is a time when it is particularly necessary chat 
the teacher should be present to supervise the conduct of 
the pupils. A teacher has no more right to be absent dur- 



OPINIONS OF STATE SUPERINTENDENTS. 415 

iug the noon recess than during any other recess. It w ould 
be somewhat difficult for a teacher to exercise a vigilant 
and watchful care over the conduct and habits of the pupils 
durhuj the time for relaxation and play, if during such time 
said teacher is not present. 

892. According to the law (see Section 1696, subdivision 
4, of the Political Code, and Section 6 of the Rules and 
Regulations adopted by the State Board of Education, 
page 231 of the School Law), teachers are required to have 
charge of their pupils during the recesses as well as at 
other times. There is nothing unreasonable or wroug in 
requiring teachers to remain on the scliool grounds during 
the noon recesses. It is not possible for them to superin- 
tend the conduct of the school during recess unless they 
are present, and the law implies that they should be pres- 
est. 

RECOGNITION OF INSTITUTIONS. 

893. Resolved, That the State Board of Education in 
this State, in recognizing universities and colleges, as pro- 
vided in Section 1775 of the Political Code, as amended 
March 23, 1893, shall l)e guided by the following rules: 

1. All applications for recognition shall be made by the 
faculty of the institution soliciting recognition, and shall 
be accompanied by a copy of the course of study in the 
pedagogical department of said institution, and by a de- 
tailed statement of the amount of professional training 
required for graduation from said department. 

2. In considering all applications the State Board shall 
carefully examine the merits of the course of study in the 
pedagogical department of the institution soliciting recog- 
nition, as compared with the course of study in the cor- 
responding department in the University of California. 

3. When any institution shall be recognized, notice of 
such recognition shall be sent to the Superintendent of 
Schools in every city and county in the State, and it is 
hereby made the duty of the Secretary to transmit such 
notice without delay. 

Resolved, That the City and County Boards of Educa- 
tion, in accepting recommendations of applicants for high 
school certificates, under the provisions of Section 1775 of 
the Political Code, from universities and colleges recog- 
nized by the State Boai'd of Education, under the provi- 



416 OPINIONS OF STATE SUrERINTENDENTS. 

sions of said section, must be governed hy the following 
rules: 

1. The recommendation must be issued by the faculty 
of the institution from which the applicant graduated, and 
must be signed by the President and Secretary of the fac- 
ulty, and have the seal of the institution attached. 

2. Such recommendation must clearly set forth the 
amount of professional training which the applicant has 
had in the institution by which he is recommended. 

8. The amount of such professional training must in no 
case be less than that required by the University of the 
State of California, as specified in the register thereof. 

4. It shall be the duty of the City and County Superin- 
tendents to provide and keep in their respective offices the 
latest edition of the register of the University of Cali- 
fornia, for the use of the members of their respective 
Boards. 

5. No Board shall consider the application of any party 
who is not a graduate of the pedagogical department of an 
institution that has been recommended by the State Board 
of Education in this State. 

6. No Board shall consider applications presented by 
parties who are not residents of the State of California. 

RECORDS. 

894. If the records of a school should be burned, the 
teacher should write them out again as soon as possible, 
and in as correct a manner as possible, while the matter is 
still fresh in the teacher's mind. 

REPAIRS. 

895. If repairs to the school building are necessary, under 
the third subdivision of Section 1543 of the Political Code, 
it is the duty of the Superintendent, upon the order of the 
Trustees, to draw his requisition on the Auditor. Under 
Section 1546, if there is sufficient money to the credit of 
the district, the County Superintendent can require the 
Trustees to repair the school building, if no more than fifty 
dollars is expended for that purpose. 

896. The law designs securing instymctlon for the children 
during eight months, at least, in every year, when it is 
possible; consequently, no expenditures should be made, 
except for things iiulispensable, such as teachers' salaries, 



OPINIONS OF STATE SUPERINTENDENTS. 417 

school supplies, fuel. etc. This would forbid new build- 
ings, additions, repairs, etc., unless it is clear that there is 
money on hand to maintain the school for eight months. 
This security being had, any residue would be available 
for such purposes as additions, repairs, and so forth. In 
case there is no such balance, resort must be had to volun- 
tary contributions or local taxation. 

897. The Superintendent can require the Trustees to 
spend fifty dollars for repairs on the school-house, or other 
school property of the district, if necessary. 

898. The Trustees may spend any money for repairs 
that remains in the county fund after an eight months' 
school has been maintained. 

REQUISITIONS. 

899. Under the third subdivision of Section 1543 of the 
Political Code, it is the duty of the County Superhitend- 
ent, upon the order of the Board of Trustees, to draw his 
warrant for all necessary expenses of the district. If the 
expenses are not necessary the Superintendent is not re- 
(juired by law to draw the warrant, and it would be im- 
proper to draw it. If this were otherwise, a County Su- 
perintendent would be an officer without any discretionary 
power, and the law prescribing the power of County Su- 
perintendents shows such a theory to be unfounded. 

900. No requisition should be drawn by the Superin- 
tendent for an order in payment of a teacher's salary, un- 
less there is money enough in the treasury to the credit of 
the district to pay the whole sum. 

901. No i-equisition can be drawn in favor of any teacher 
whatever who does not hold a valid certificate in full force 
during the whole of the time he or she has taught. 

902. The Superintendent of Schools would not be justi- 
fied in drawing a requisition for the salary of a teacher who 
was teaching a first grade school and yet held only a second 
grade certificate. 

903. The Superintendent does right when lie refuses to 
draw a requisition for a teacher who employs and pays an 
assistant who does not hold a legal certificate. In the em- 
ployment of such an assistant the spirit of the law is di- 
rectly violated. 



418 OPINIONS OF STATE SUPERlNTENDliNTS. 

904. Ill no case, except as provided specially in the law 
(see Sections 1521, subdivision 12, 1545, 1546, 1548 and 
15fi4), can Superintendents draw requisitions for the pay- 
ment of any expenses of a school. When Trustees refuse 
to draw their orders, there is only one course to pursue, 
that is, apply to a proper court. 

905. No warrant shall be drawn in favor of any teacher, 
unless the officer whose duty it is to draw the warrant is 
satisfied that the teacher has faithfully performed all the 
duties required by Section 1696 of the Political Code. 

RESIDENCE. 

906. Section 52 of the Political Code provides that the 
residence " is the place M'hei'e one remains when not called 
elsewhere for labor or other special or temporary purpose, 
and to which he returns in seasons of repose." There can 
be only one residence. A residence cannot be lost until 
another is gained. The residence of the father during life, 
and, after his death, the residence of the mother wdiile 
she remains unmarried, is the residence of the unmarried 
child. 

PvULES AND REGULATIONS. 

907. It is the duty of the County Superintendent and of 
the Trustees to see that teachers comply with the rules 
and regulations of the State Board of Education. Those 
rules and regulations are enacted by the State Board by 
authority of law, and when not in contravention of the 
law their observance is necessary and obligatory. 

908. Any rule adopted by a Boai'd of Trustees which 
requires a teacher to be present at 8 o'clock, when the 
school does not open until nine o'clock, is in contravention 
of Section 1 of the Rules and Regulations adopted by the 
State Board of Education. The rules and regulations 
adopted by the State Board of Education are adopted in 
accordance with the power conferred upon the said Board 
by the law, and are law for the schools. 

909. The Trustees of the school districts are vested by 
law with the power of making and enforcing rules for the 
government of the schools under their charge; provided, 
such rules do not contravene the laws of the State. (Sec- 
tion 1617, subdivision 1.) They have power to manage 
and control the school property. (Section 1617, subdivi- 



OPINIOXS OF STATE SUPERINTENDENTS. 419 

sion2.) Principals shall be held responsible for the gen- 
eral management and discipline of their schools. (Rule 5, 
page 231 of the School Law.) Principals are required to 
exercise a watchful care over the pupils at recesses. (Rule 
6, page 231.) They shall prescribe rules for the use of the 
yards, etc., such as may secure neatness, etc. They are 
required to prevent pupils from remaining in rooms that 
are provided with improved furniture, except in the pres- 
ence of a teacher or monitor, etc. (Rule 13, page 232.) 
They must require pupils to pass out of schoolrooms. 
(Rule 4, page 230.) In fair weather the children should be 
required to be out in the open air at recesses; and I think 
that in these details of management the Trustees should 
not interfere, except to sustain the authority of the teach- 
ers. It is not for the best interests of the schools or of 
the pupils to have the Trustees interfering with the minor 
detail of management. The more general the rules of the 
Board of Trustees the better, and the more they make the 
Principals and teachers responsible for the management of 
the schools the better. The Principals and teacliers are 
rightly supposed to know more about these matters of 
management, than it is possible for Trustees to know. Of 
course, whatever rules the Board of Trustees may adopt, 
the teachers must observe, unless such rules are in con- 
flict with the law, or with the rules and regulations adox^ted 
by the State or County Boards. 

SALARIES. 

910. Article XI, Section 9, of the Constitution, provides 
that the salary of a county officer cannot be increased dur- 
ing his term of office, and those officers now holding cannot 
receive the benefit of any such increase, should the Legis- 
lature see fit to provide it. (Attorney-General Marshall, 
February, 1883.) 

911. By Section 1693 a school month is composed of 
twenty school days, or four weeks of five school days each. 
If a teacher has taught twenty school days, he is entitled 
to be paid a month's salary. 

912. Whenever the law or Trustees suspend the school, 
the teacher has the right to his pay the same as if no holi- 
day or suspension had occurred. 

913. If a school has been temporarily suspended upon the 
suggestion of the teacher, in consequence of bad weather 



420 OPINIONS OF STATE SUPERINTENDENTS. 

and prevailing sickness, and in the suggestion the teacher 
had led the Board to understand that he was not to be paid 
during the time of suspension, he would not be entitled to 
pay. Had the Board suspended the school on their own 
motion, the teacher would be entitled to pay. 

914. If there was sufficient money in the school fund ybr 
tlie year during wlddt he taught, to pay the teacher, the 
school funds are subject to the payment at any time within 
the period prescribed in the Statute of Limitations. If 
there was not sufficient money in the fund to pay him for 
the year in which he taught, the district is not liable to 
him at all, 

915. A teacher on several occasions had been at school 
and ready to teach the children ; but the rain kept the 
children away. The teacher is entitled to pay for such 
days. 

916. Whenever teachers are employed for a fixed period 
of time, and are ever ready and willing to teach throughout 
the whole of the time, notwithstanding the fact that the 
school was closed during a part of the time for vacation, 
because of fire or epidemic, or for any otlier reason over 
which the teacher had no control, they must be paid as if 
they had taught the whole of the time. If teachers agree 
to any special arrangement, they are bound by all the 
terms to be found in the contract. 

917. A teacher being present and ready for duty, is en- 
titled to his salary during the time of suspension of school, 
when that suspension is made in term time by law, or by 
act of the Trustees. 

918. When school is suspended by the Trustees during 
the time for which a teacher has been engaged, the teacher 
suff"ers no loss of salary, provided he was present and ready 
to perform his part of the contract. Should the suspen- 
sion be on account of prevailing epidemic, the district shall 
sufter no loss of apportionment from the State or county 
funds. 

919. It is illegal and a violation of the law for the Prin- 
cipal of a school to draw all of the money and pay the 
primary teacher what he pleases and when he chooses. If 
he refuses to turn over to her her money upon demand, 
])ut holds it and obtains interest on it, he is liable to pros- 



OPINIONS Of STATE SUPERINTENDENTS. 421 

ecution for the crime of embezzlement. No Principal has 
the right to employ the primary teacher, and Trustees 
have not the right to delegate to him that power. The 
warrant for a teacher's salary must be drawn in the teach- 
er's name. To draw a warrant in favor of the Principal 
for all salaries is not only in violation of law, but it is con- 
ducive to fraud. 

920. A teacher is entitled to pay for the full length of 
time for which he is employed ; and although Trustees 
prevent him by force from teaching during the w^hole of 
that time, he is as fully entitled to pay for the whole period 
as if he had taught during the whole period ; provided he 
was at all times ready and willing to teach. 

921. If a teacher is prevented from keeping school open 
by the intervention of some superhuman cause, he is enti- 
tled to pay for those days during which it was absolutely 
impossible, for this reason, to keep school open. If the 
Trustees order him to close school, he is entitled to pay. 
These ai'e the only cases in which he is entitled to pay. 

922. The Trustees of a certain district employed a teacher 
for five months, representing to her that there were suffi- 
cient funds to pay her for that time. It turned out after- 
wards that the funds lasted but three months; the question 
is asked, what redress had the teacher ? She has none. 
The Trustees are not personally liable in such a case, and 
the district is, by law, expressly relieved from liability. 

923. There is no way in which a teacher can be paid 
from the public school funds, unless such teacher holds a 
valid certificate in full force during the entire time taught. 

924. A teacher cannot draw salary unless she holds a 
valid certificate of the county in which she is teaching. In 
case she asks for a temporary certificate upon a valid one 
of another county, the Board of Education can order the 
County Superintendent to issue it or not, as they please 

925. In yours of the 14th instant you inquire : "In case 
a teacher contracts to teach a school for eight months, and 
after teaching two mouths the school is closed by the Trus- 
tees for one month, on account of an epidemic, is the 
teacher, who has been in readiness to go on with the work 
all the time, entitled to, and can she collect legally her 
salary for that month during which the school was sus- 



422 OPINIONS OF STATE SUPERINTENDENTS. 

pencled." A contract cannot be limited in its obligations 
by some subsequent event which transpires after the mak- 
ing of it — such as an epidemic — if the teacher has complied 
with the provisions of Sections 1700 and 1701 of the Polit- 
ical Code, and the district has received its apportionment 
of school moneys. (G. A. Johnson, Attorney-General, 
February, 1888.) 

926. An epidemic is a public calamity, the results of 
which should not be borne entirely by the teachers. When 
a school was closed seven weeks by request of the Board 
of Health, the teachers should receive their pay. 

927. According to the opinion of the Attoi'ney-General, 
if the Trustees of a district should order the teacher to 
close school indefinitely on account of sickness among the 
pupils, the teacher is legally entitled to salary for the time 
the school remains closed. 

928. In case of a rainy day, when neither teacher nor 
pupils attend school, the teacher, not being on duty, ought 
not to receive pay. 

929. If the Trustees dismiss the school on account of rain, 
the teacher is entitled to pay. A teacher has no authority 
to dismiss a school without consent of the Trustees ; but 
if the school is so dismissed the teacher is not entitled to 
pay. 

930. If Trustees are obliged to close school on account 
of stormy weather, the teachers are entitled to their salary, 
provided they were at all times ready for service. Neither 
teacher nor Trustees were responsible for the storm. If 
such cause prevented the Trustees from maintaining a six 
months' school, it would not lose its State apportionment. 
Neither should teachers lose their money. The chief loss 
falls upon the pupils, who lose their instruction, but this 
is unavoidable. 

931. It is intended by Section 1687 of the Political Code 
to allow the same salary, in cities, to teachers of the be- 
ginners' class as that paid to teachers of the higliest grade, 
next to the high school. 

9.32. The Trustees have a right to close school on account 
of bad weather; but they must pay the teacher for the full 
time contracted for. 

93.3. When a school is closed by the Trustees in conse- 



OPINIONS OF STATE SUPERINTENDENTS. 423 

queiice of rainy weather, the teacher is entitled to pay for 
the time ; but, if the teacher was not present on a rainy 
day and the school had not been closed by order of the 
Trustees, the teacher is not entitled to pay for such day. 

934. Principals and teachers are entitled to pay of salary 
during vacations ordered by the Trustees without their 
consent, unless the contrary has been agreed to in the con- 
tract. 

935. Neither a Board of Education nor a Board of Trus- 
tees can legally pay any salary to any teacher who does 
not hold a legal certificate corresponding in grade with the 
grade of the school ; nor can a City or County Superin- 
tendent grant a requisition for salary to such a teacher 
without violating the law. 

936. A teacher under contract to teach a school for a 
certain number of months, whether the contract is oral or 
written, is entitled to her salary during the time in which 
the school is closed in consequence of the school buildings 
having been destroyed by fire. The teacher should not be 
made to bear the loss occasioned by any calamity. 

937. The law does not allow teachers any salary for 
teaching upon a legal holiday. Teachers ought not teach 
on a legal holidaj' ; Trustees have no right to require them 
to teach upon these days, nor to make up for legal holidays 
by teaching additional days. 

938. There is nothing in the law governing the scliools 
of this State which authorizes the payment of salary to 
any member, or to any clerk, of a Board of Trustees. 

939. There is nothing in the law that authorizes the pay- 
ment of salary to any teacher during the time such teacher 
may be absent from his school, no matter what the cause 
of absence may be. 

940. The Trustees, in employing teachers, must fix their 
salaries. To employ a teacher, agreeing to give him for 
his services all the money that may be apportioned to the 
district during the year, does not fix his salary in such 
manner as the law implies. 

SATURDAYS. 

941. A teacher has no right to take the responsibility of 
teaching on Saturday. If the Trustees see fit to make any 



424 OPINIONS OF STATE SUPERINTENDENTS. 

such arrangement, they arc the only parties possessing 
such power. 

SCHOOI^HOUSES. 

942. Public school-houses are built for the purposes of 
public education alone, that is, no other object was had in 
view in their erection ; and they are under the exclusive 
control and management of the Trustees, and of those 
acting under the Trustees. In the case which called forth 
a previous decision, a certain band had determined, con- 
trary to the wishes of the Trustees, to give a ball in a 
school-house. The Trustees thought that the building 
and its furniture would be injui-ed, and forbade the ball. 
The County Superintendent decided that the Trustees had 
power to forbid the ball, and appealed to this office to 
know whether he was right. Undoubtedly he was right. 

943. In reference to the holding of divine worship in a 
public building, there can be no doubt of the power of the 
Trustees to forbid it, if in their judgment it is wise to do 
so. And if they should permit worship, and it should re- 
sult in teaching partisan or denominational doctrines in the 
school, then, upon satisfactory evidence of the fact, it would 
become the duty of the Superiiitendent of Public Instruc- 
tion and of the vSchool Superintendent to withhold both 
State and county apportionments. Should the Trustees 
of any school choose to allow the divine worship to take 
place in a school-house, under such conditions as they may 
prescribe, this office is not prepared to say that they might 
not have the power ; provided it did not result in any 
harm or inconvenience to the schools. But certainly no 
one has a right to demand it of them. It is a matter to 
be decided by the sound discretion of the Trustees. 

944. Trustees have power to prohibit the use of school- 
houses for any and all pui-poses save the pui-poses of the 
schools. Should they, in their discretion, at any time, 
permit the school-houses to be used for any other purpose, 
they must see to it that no damage to the property, and 
no damage, delay, or inconvenience results to the schools. 

945. If the Trustees take the responsibility of allowing 
the school-house to be used for any purpose besides those 
of the schools, they must see that it results in no loss, de- 
lay, damage or inconvenience to the school. 



OPINIONS OF STATE SCFERINTENDENTS. 425 

946. The school-house belongs to the district, and it 
matters not that a portion of the funds for its erection 
came from private sources. The Trustees ought to get a 
deed for the site; and if a deed cannot be had from the 
owner of the land, another site ought to be bought and 
the building moved on it. 

947. When a school-house has been built by private 
funds and turned over to the school district to be used as 
a public school-house, it becomes public property, and 
stands in all respects as if it had been built by tlie public 
money. It is henceforth in charge of the Trustees, and 
under their control. No one can demand its use for any 
purpose other than that of the public school. If, in the 
judgment of the Trustees, and in the exercise of their dis- 
cretion, they think that it would be well to allow it to be 
used for divine service, or for other purposes, it should be 
with the restriction that no damage should come to the 
property, and that no delay, or injury, or inconvenience 
should come to the school. 

948. The Trustees can prohibit church services from 
being held in the school-houses, and they alone have 
power to permit the use of the school-houses for any pur- 
pose save that of schools. It is not the right of any person 
to demand the use of the school-house for any purpose 
other than school; and yet it has grown into a custom all 
over the country, in sparsely settled neighborhoods where 
there are not public buildings for divine worship, for the 
Trustees of schools to allow the lase of the school-houses 
for that purpose. This they do in their own discretion; 
but they are to see to it that no damage or loss happens to 
the property, and that no harm, delay or inconvenience 
comes to the school, and that no sectarian doctrines are 
taught in the schools, as a consequence of this indulgence. 

949. The school-house was built for the purposes of the 
public schools of the district, and no one has a right to de- 
mand its use for any other purpose. But as the Trustees 
are the legal custodians of it, I am not prepared to say 
that it would be wrong for them to prevent its use for an- 
other purpose occasionally under jwopei- conditions; and 
provided that such use did not in any way injure or dam- 
age the property, nor cause delay, inconvenience or harm 
to the school. After such use the building should be put 



426 OPINIONS OF STATE SUPERINTENDENTS. 

in clean and orderly condition, and be entirely fit for the 
school and acceptable to the teacher. Of course, there 
should be no consequences of a demoralizino- kind, and if 
such consequences are inevitable, the Trustees have no 
right to allow the use of the building. 

950. There is nothing in the law which forbids the 
Trustees renting the school- house. 

951. The school-house should be located by a vote of 
the district, and when once located it cannot be legally 
changed without a like vote. The proper place for the 
school furniture and school apparatus is in the school- 
house; therefore the school furniture and school apparatus 
should not be moved from one end of the district to the 
other without a vote of the people. 

952. Trustees have entire control of the school property, 
and they may use their discretion in the matter of allow- 
ing it to be used for religious purposes. 

953. A party teaching in a certain district, taught also 
a Sunday school in the school-house, by permission of the 
Trustees. The Superintendent intimated to the teacher 
that she was liable to lose her certificate for so doing. 
Held, that Sunday school instruction does not come under 
the head of immoral or unprofessional conduct, or evident 
iinfitness for teaching, and that the matter of using the 
school building for such a purpose rests entirely with the 
Trustees. 

954. Trustees have a general control of the school prop- 
erty of the district; and they must decide for themselves 
what is right in the matter of using the school-house for 
other than school purposes, unless they liave received in- 
structions from the qualiHed electors of the district ac- 
cording to part first of subdivision twentieth of Section 
1617 of the Political Code. The use of the school-house 
for meetings that are patriotic or literary and entirely 
decorous is permissible. 

955. Section 1617 of the Political Code, subdivision 2, 
gives the Ti'ustees control and management of the school 
property, and they are not obliged to consult the teacher 
as to what use may be made of the school building. It 
would, however, be naturally expected that the teacher 
would be notified, if the school -room had been gi'anted for 



OPINIONS OF STATE SUrERINTENDENTS. 427 

other than school purposes. The law gives the electors of 
a district the right to instruct the Trustees, at any regu- 
larly called meeting, in regard to the use of the school- 
house for other than school purposes. (See Section 1617 
of the Political Code, subdivision twentieth. ) 

956. It is in contravention of what is right or proper for 
Trustees to permit the school-house to be used as a dance- 
hall. Public school-houses are built and intended to be 
used for public school purposes; dancing is not one of 
these purposes. It is true the Trustees have charge of the 
building, and, unless instructed otherwise by the electors 
of the district, they may permit it to be used; but they 
are responsible for the use of tlie property, and should see 
that it is not used for any improper or objectionable pur- 
pose, and that no harm results in any way from any meet- 
ing of any kind held therein. The people have the right 
to instruct the Trustees to the effect that they shall not 
let the school building for any purpose whatever. Cer- 
tainly the Trustees must know that the school building 
cannot be used for dancing purposes, having the seats and 
desks taken out, etc., without being injured. Besides, the 
use of the building for such a purpose is well calculated to 
do great injury to the school and to the better sentiment 
of the patrons of the school. Any citizen has a right to 
object to the use of the school building for any purpose 
other than that for which it has been erected; and should 
any damage accrue from letting the building for extrane- 
ous purposes, any citizen has the right to institute an 
action against the Trustees for such injury. 

957. The location of school buildings must be made by 
a majority vote of the electors votiug at the meeting 
called for that purpose under Section 1617 of the Political 
Code, subdivision 20. 

958. Trustees are not at liberty to let school-houses for 
dancing purposes. Especially is this the case when it is 
necessary to remove the desks and other furniture. 

959. The location of school-houses can be changed only 
as provided in Section 1617, subdivision 20, of the Po- 
litical Code. If the electors of the district, at a meeting 
held for that purpose, vote to change, the Trustees must 
comply with the instruction given by such meeting. 



428 OPINIONS OF STATE SUPERINTENDENTS. 

960. When objection is made by any elector of the dis- 
trict, the Trustees are not at liberty to let the school-house 
for other than school purposes, unless instructed so to do 
by a meeting of the electors as provided in Section 1617, 
subdivision 20, of the Political Code. 

961. It is the duty of Trustees, when directed by vote 
of their districts to build school houses, to advertise for 
plans, specitications and bids in accordance with the Act 
of April, 1872. It is the manifest intent of the law that, 
except in incorporated cities, such plans should be sub- 
mitted to the County Superintendent for his approval. 

SCHOOL LAWS. 

962. The State Superintendent is not authorized to fur- 
nish copies of the school law for general distributioli, but 
for the use of school officers and school Ubniries. 

963. Under the law the Superintendent of Public In- 
struction is not at liberty to furnish copies of the school 
law promiscuously; he is required to furnish copies to 
school officers and school libraries. The copies thus fur- 
nished are not the individual property of those parties, 
but theirs simply in trust for themselves and their suc- 
cessors. The copies furnished should be taken care of and 
handed over, as other school property is, to their suc- 
cessors. 

964. Copies of the school law, whether bound or in 
pamphlet form, are the property of the State and must be 
transferred by teachers. Trustees and Superintendents to 
tlieir successors. It is the duty of the Trustees to see 
that a copy of the school law is kept in the library of the 
school. It is their duty, also, to see that all school prop- 
erty is carefully conserved. 

SCHOOLS, PPJVATE. 

965. Private schools can have no portion of the public 
moneys awarded to them. Section 8 of Article IX of the 
Constitution of the State forbids it. 

966. The fact that part of the time expended in teach- 
ing by the applicant for a diploma was passed in a private 
school does not matter, if the recommending Board are 
satisfied that he was sufficiently successful in teaching. 

967. Time spent in teaching in a private school has 



OnXIONS OF .STATE SUPERINTENDENTS. 429 

always been counted as a part of the school experience re- 
quired for educational or life diplomas. 

SCHOOLS, PUBLIC. 

968. The Board of Trustees of a district have not the 
power to discontinue the primary and continue the gram- 
mar school during tlie remainder of the term. Boards of 
Trustees and City Boards of Education must, according to 
Section 1619 of the Political Code, maintain all the schools 
established by them for an equal length of time during the 
year, and as far as possible with equal rights and priv- 
ileges. 

969. Section 1662 says that every school must be open 
for the admission of all children between six and twenty- 
one years of age residing in the district, and others may be 
admitted as a privilege. 

970. The fact of the teacher being paid by the people of 
the district, whether by bonds, by district tax, or by sub- 
scription, could not convert the public district school into 
a private school. 

971. Children cannot be excluded from the public 
schools, unless they are over twenty-one years of age. (See 
Section 1662 of the Political Code.) 

972. Trustees cannot legally open the school and hold 
the sessions thereof in any other place than that which 
has been determined upon — that is, in the school-house. 
They have no right to tit up a room in any other place 
without a vote of the electors of the district, in accorclance 
with Section 1617 of the Political Code, subdivision 20. 
Should they do so they will not be justified in paying the 
salary of the teacher employed by them out of the school 
funds, nor would the Superintendent be justified in draw- 
ing his requisition on such order of the Board of Trustees. 

SECTARIANISM. 

973. There is nothing denominational in the Lord's 
Prayer; but it would be better for teachers to consult 
with the Trustees and the patrons of the school, and, if 
they found that objection existed even to the use of the 
Lord's Prayer, they should abstain from its use. 

974. The words and the spirit of the law are utterly 
opposed to making the public schools the means of dissem- 



430 OPINIONS OF STATE SUPERINTENDENTS. 

inating partisan or sectarian doctrines. The school-houses 
are built for the public schools, and no one has a right to 
demand them for any other purpose. The Trustees are 
the local custodians of these houses, and if they take the 
responsibility of permitting them to be used for any pur- 
poses save those of the schools, they must see to it that 
the schools take no damage of any kind therefrom, and 
that sectarian and partisan doctrines be not taught in the 
schools directly or indirectly. 

SESSION, DAY'S, OF SCHOOL. 

975. The length of the day's session may be determined 
by the Trustees. A teacher may dispense with the after- 
noon recess, if the Board of Trustees consent. 

976. A City Superintendent has no power to enforce a 
rule requiring pupils under eight years of age to be kept 
in school more than four hours per day. Section 1673 of 
the Political Code and Section 3 of the Rules and Regula- 
tions of the State Board of Education forbid such action. 

977. A teacher cannot dismiss a school every P^iday at 
3 P. M. without the consent of the Trustees. They have 
power to regulate such matters. 

978. Section 2 of the Rules and Regulations of the Pub- 
lic Schools, adopted by the State Board of Education in 
accord with the law, empower Boards of Trustees to fix 
the hour for the closing of the daily session of the school, 
as well as the hour for the opening of the daily session. 
There is no doubt of their authority to close the daily ses- 
sion at three o'clock in the afternoon, if they deem it best 
to do so. 

SITES, SCHOOL. 

979. If the site occupied by a school-house was donated 
upon the conditions that it must be used for school pur- 
poses, the title would revert to the grantor in case of its 
abandonment as a school site. 

980. The Trustees cannot purchase a school site from a 
man whose wife is one of the Trustees, if she is pecuniarily 
interested therein. 

981. Trustees must submit to a meeting in location of a 
school-house, after bonds have been voted with which to 
build, purchase site, etc. The calling of the meeting is 



OPINIONS OF STATE SUPERINTENDENTS. 431 

mandatory, and not optional, and the Trustees can act 
only upon the instructions of such a meetinsj. 

982. If a site selected by the qualified electors of a dis- 
trict for a school house is afterwards withdrawn, another 
meeting should be called, at which another site should be 
selected. 

983. Trustees have no power to condemn property upon 
which to erect a school building. The action for condem- 
nation must be Lad in a court of law. 

STATE TEXT-BOOKS. 

984. County Superintendents, under the law, have no 
right to supply private schools with State text-books. 
Such schools should supply themselves, if they wish these 
books, from retail dealers. 

985. A Superintendent can charge for State books only 
the cost price of the books at Sacramento, with postage, or 
freight, or expressage added. He cannot receive pay for 
distributing books. 

986. The County Superintendent cannot designate any 
particular bookseller as the sole vendor of State books, and 
authorize him to add any per cent, to the price of each 
book. Any retail dealer is authorized to handle the books. 

987. The affidavit filed by a dealer allows him to sell 
books to any pupils or dealers in the State, but not to 
other dealers. 

988. When no dealer will keep a supply of State text- 
books on hand, the Superintendent must do so; and it is 
the duty of the Board of Supervisors to furnish a revolving 
fund for that purpose. 

989. If a district refuses to use the State series of text- 
books, according to Section 1875 of the Political Code, it 
loses tw^enty-five per cent, of the apportionment of the 
State School Fund to which it may be entitled. 

990. Local book dealers are not at liberty to sell books 
of the State series at prices higher than those fixed by the 
State Board of Education. If such dealers do this they do 
it in violation of their attidavit, and are subject to being 
proceeded against for perjury. 

991. The State Board of Education have never been 
authorized to publish a text-book on entomology; nor is it 



432 Ol'INIONS OF STATE SUPERINTENDENTS. 

their intention to ask for such authorization. True, the 
Legislature, at its session in 1889, made an appropriation 
of |l5,000 to purchase the plates of Prof. Cook's work on 
this subject; but nothing further than the purchasing of 
these plates has ever been clone, nor is anything likely to 
be done. 

992. The only parties who can order State text-books 
are Superintendents of Schools, Principals of the State 
Normal Schools, Clerks of Boards of Trustees, and retail 
dealers. 

993. No parties are authorized to purchase State text- 
books from the State Printer, except Superintendents of 
Schools, Principals of the State Normal Schools, Clerks of 
Boards of Trustees, or retail dealers. If private parties 
desire to procure these books they can get them from the 
dealers without an order, or from the State Printer upon 
presenting a requisition to the State Superintendent signed 
by the Clerk of the district. 

994. County Superintendents are allowed by Act of 
March 15, 1887, to order State text-books for the use of 
teachers, parents and pupils in their respective comities. 
This should not be construed to mean that they can order 
the books for dealers. Should dealers wish to order books, 
they sliould tile the required afhdavit, as specified in Sec- 
tion 6 of said Act. These affidavits must be indorsed by 
the County Superintendents and be filed in the otKce of 
the State Superintendent. 

995. I know of no law that will prevent a dealer from 
selling the State series of books at a less price than that 
fixed by the State Board of Education. By the Act of 
March 15th, 1887, dealers are prohibited from selling any 
book for a price exceedbuj that fixed by the State Board. 
If a dealer does sell for a higher price, he can be proceeded 
against for violation of his oath. If any case of this kind 
is presented to this office it will l)e our duty to attend to 
the matter. 

STUDIES. 

996. Trustees and teachers are not authorized to intro- 
duce into their schools any studies not authorized by the 
County Board of Education for the grades therein repre- 
sented. 



OPINIONS OF t^TATE SUPERINTENDENTS. 433 

SUPERINTENDENT OF SCHOOLS. 

997. Section 1549 of the Political Code authorizes the 
County Superintendent to appoint a deputy; but such 
deputy cannot be paid out of the school funds. 

998. The opinion has been expressed by this office, by 
ex-Attorney-General Hart, when in office, and by Attor- 
ney-General Marshall, now in office, that the County Su- 
perintendent of Schools is entitled to compensation for his 
services as a member of the Board of Education in his 
county, in addition to his salary as Superintendent. 

999. The general supervision of all the schools — county 
and city — was, and is, in the County Superintendent, and 
the city school authorities must make the proper reports 
to him. 

1000. The Political Code, in Section 1770, says that 
"the Board of Supervisors shall allow to the members of 
the Board of Education a reasonable compensation for 
tlieir services." This language includes all of the members 
of the Board, and the County Superintendent is one of the 
members. It cannot be supposed that the law was intended 
to discriminate against him. His labors on the Board are 
not as Superinter.dent, but as a member. If a special 
charter prescribes a salary for the Superintendent which 
shall be in full for all services, it undoubtedly means all 
services as Superintendent. If, as often happens, he teaches 
a school also, none would claim that under the charter he 
should not be paid for his services as a teacher. The opin- 
ions of the Attorney-General coincide with these views. 

1001. The law does not require a Superintendent to 
visit any school not in his own county. In case of joint 
districts he should visit the schools when they lie within 
his own county. 

1002. A County Superintendent has no legal right to 
retain a fee for cashing a school order. Section 923 of the 
Political Code and Section 71 of the Penal Code forbid it. 

1003. There is no law which gives the Superintendent 
the right to close a school. 

1004. The law does not specify the qualifications of a 
Superintendent of Schools beyond the point that he must 
be a citizen. It is not necessary that he should hold either 



434 OPINIONS OF STATE SUPERINTENDENTS. 

a State diploma or a county certificate in order that he 
may qualify and legally hold the office. 

1005. Superintendents under the law are entitled only 
to their actual and necessary expenses. 

1000. In reply to a question submitted by one of the 
Superintendents, Attorney-General Hart has given the 
following opinion : — 

"Section 1770 of the Political Code, a? amended in 
1889, allowing the Secretary of the Board of Education a 
per diem, was approved March 15, 1889. (Statutes of 
1889, page 172.) The County Government Act was ap- 
proved March 16, 1889. (Statutes of 1889, page 252.) 

" Section 211 of the County Government Act, approved 
March 16, 1889, and Section 216 of the County Govern- 
ment Act, approved March 31, 1891, provide: 'The 
salaries and fees provided in this Act shall be in full 
compensation for all services of every kind and description 
rendered by the officers herein named, either as officers or 
ex-officlo officers,' etc. The County Government Act, 
having been passed and approved subsequent to the other 
Act, must govern. 

" All Acts inconsistent with former Acts )-epeal them 
by implication. (Pierpont v. Crouch, 10 Cal., 315; State 
V. Conkling, 19 Cal., 512; City and County of Sacramento 
V. Bird, 15 Cal., 294.) 

"In Billings v. Harvey, 6 Cal., 381, it is held: 'If a 
statute or section of a statute is re-enacted, it is totally 
inconsistent with the idea that the old statute or section 
remains in force or has vitality for any purpose.' 

" 'The last expression of the Legislature must govern.' 
(People V. Dobbins, 75 Cal., 257.) 

" Section 24, Article IV of the Constitution provides: 
' An Act revised or section amended shall be re-enacted,' 
and has the force of a new law. (Donlan v. Jewett, de- 
cided April 1, 1891.) 

" I am of the opinion that a County Superintendent is 
not entitled to a per diem as ex-officio Secretary of the 
Board of Education. 

"At the lust session of the Legislature a new section 
was added to the Political Code, as follows: '4334. In all 
cases in which any provision of law authorizes an officer 
who receives a salary to perform an official act, and he 



OPINIONfS OF STATE SUrEKINTEN DENTS. 435 

performs such act, all fees chargeable for the performance 
of such act shall be collected by him aud paid over to the 
treasury or other officer authorized by law to receive the 
same. ' 

" This seems to indicate that the per diem received by 
the Superintendent of .Schools should be paid into the 
county treasury. In either event lie is not entitled to a 
per diem for his personal use. " 

1007. County Superintendents have the right, under 
the law, to appoint a deputy, and, under the law, a deputy 
can discharge anj- duty devolving upon the principal. The 
principal, of course, is responsible for all acts of his 
deputy. There is nothing to hinder a deputy from serving 
upon a County Board of Education, whether it be in the 
case of examinations for certificates or otherwise. The 
deputy should act as deputy, and in so doing he does 
whatever he does in the name of his principal. The Super- 
intendent cannot authorize any member of the Board to 
sign his name. The deputy can sign the name of his 
principal by adding his own name as deputy. 

1008. In June, 1887, Attorney-General Johnson ren- 
dered decisions as follows : — 

"The Deputy Superintendent of Public Schools of the 
county may vote at a meeting of the Board of Education, 
in the absence of the Superintendent. 

"Section 865 of the Political Code says: 'In all cases 
not otherwise provided for, each deputy possesses the 
powers and may perform the duties attached by law to 
the office of the principal.' The duties of the Superin- 
tendent are closely set forth in the law." 

1009. The County Superintendent must be governed by 
the rules of the County Board in so far as said rules are 
not in contravention of law. Any certificate issued in 
violation of said rules is illegal, null and void; and if the 
Superintendent issues a requisition in payment of the 
salary of the holder of such certiHcate, he violates the law. 

1010. The Municipal Corporation Act makes no pro- 
vision for the appointment of a School Superintendent in 
cities of the fifth class. Section 797 of said Act provides 
for the election of a Secretary of the Board of Education 
in such cities; and Section 804 thereof specifies the duties 
of the Secretary. These duties are those that appertain 



436 OPINIONS OF STATE SUPERINTENDENTS. 

to the position of Superintendent. The Board of Educa- 
tion cannot, therefore, employ a Superintendent of Schools 
in cities of the fifth class either by written or oral con- 
tract, the Secretary of the Board being pi-actically Super- 
intendent. This Secretary is also a member of the Board 
of Education. 

1011. Cities of the fifth class cannot have a City Super- 
intendent of Schools. The Secretary of the Board of Edu- 
cation in such cities performs the duties of Superintendent. 
This Secretary must be a member of the Board of Educa- 
tion. (See Section 804 of the Municipal Corporation Act, 
Statutes of 1883.) 

1012. A city of the fifth class cannot have a City Super- 
intendent of Schools. The duties of Superintendent in 
such cities are to be performed by the Secretary of the 
Board of Education, who is a member of the Board. (See 
Sections 797 and 804 of the Municipal Incorporation Act. ) 

SUPPLIES. 

1013. It is not proper for a teacher to furnish supplies 
and pay for them out of his own means when the Clerk of 
the Board of Trustees fails to provide them; nor would it 
be proper for the Board of Trustees to draw an order for a 
requisition to pay for such supplies. Such action would 
establish a dangerous precedent. 

1014. Apparatus may be paid for out of county fund 
after an eight months' school has been maintained. Dic- 
tionaries may be paid for out of county fund after an 
eight months' school has been maintained. Water for use 
in school buildings may be paid for at any time out of the 
county fund, it being a necessary supply for the schools. 

TABLETS, WRITING. 

1015. The county fund may be used for the purchase of 
writing tablets for children whose parents are unable to 
purchase them. 

TAX, SCHOOL. 

1016. The vote must be cast for the amount mentioned 
in the notice of an election for a school tax. . It would be 
illegal if a vote were cast for a suni less than the amount 
named in tlie notice. 

1017. In case of a tie vote on the question of raising a 
tax for improvements, the tax is defeated. 



OPINIONS OF STATE SUPERINTENDENTS. 437 

1018. Accordiug to Section 1830 of the Political Code, 
the calling of an election for the purpose of voting as to 
the levy of a special tax for school purposes, is a matter of 
expediency to be determined by the judgment of the 
Trustees of the district. There are no provisions of law 
by which the Trustees can be compelled to call such 
election. 

1019. There is no provision in the general school law 
which authorizes any Board of Trustees to raise money by 
taxation without a vote of the people. Sections 1 and 2 
of the Act approved February 14th, 1891, evidently have 
reference to some special provisions in the cliarter of 
cities. The only plans for raising money by taxation are 
those relating to the district taxes and bonds. 

TEACHERS. 

1020. The law does not compel Trustees to employ more 
teachers than are necessary to do well the work of the 
district, no matter for how many teachers money is appor- 
tioned. The word "teachers," as used in Section 1858, is 
merely for convenience, and means simply " seventy cen- 
sus children." 

1021. A teacher has no legal claim upon either the 
Trustees as such, or upon the district for salary for the 
excess of time taught by such teacher beyond that for 
which the public money to the credit of the district will 
pay. (See Section 1623 of the Political Code.) 

1022. The seventh subdivision of Section 1617 of the 
Political Code gives the exclusive power of employing 
teachers to the Board of Trustees of the district; and, of 
course, the will of the majority is the will of the Board. 

1023. The Trustees have power to employ as many 
teachers as they choose, and as they are able to employ. 
It matters not how many teachers are assigned to the dis- 
trict in apportioning the State and county funds; but no 
more money for these funds will be received than goes by 
law to the number of teachers assigned to the district. If 
the people choose to raise more money by local tax, the 
law points out how it may be done. (Section 1830. ) 

1024. A district, by reason of a large census roll, is en- 
titled to four teachers. The Trustees will, however, ap- 
point but three. Is there an^ way for the Superintendent 



438 OPINIONS OF STATE SUPERINTENDENTS. 

to compel them to employ the number of teachers his judg- 
ment demands that they should have ? The spirit of the 
law is that four teachers should be employed; and it is 
one of the wisest provisions of the law, for no teacher can 
teach over seventy children to the benefit of the scholars. 
But there is no method provided in the Jaw by which the 
Superintendent can compel the Trustees in tins respect to 
obey the law, if they are disposed willfully to violate its 
intention and. spirit. There is no statute authorizing the 
Superintendent to interfere ; and the law is that the 
powers and duties of a Superintendent of Schools are de- 
rived entirely from statute. He can exercise only such 
powers as are esjMcialh/ granted, or are incidentally neces- 
sary to carry the same into effect. (Ratcliff v. Faris, 6 
Neb., 539, 544; Beers v. Board of Education, 72 111., 508.) 

1025. The Trustees, and the Trustees alone, have the 
authority to employ a teacher. A teacher has no right to 
employ an assistant. The Trustees must employ all teach- 
ers. If a teacher becomes sick, he cannot employ another 
teacher to take his place. The Trustees must supply that 
other teacher; and that other teacher must be paid what 
the Trustees have agreed to pay him, not wliat others have 
agreed to pay, 

1026. It is the number of census children enrolled that 
determines the number of teachers to which a district is 
entitled. The employment of the full number of teachers 
to which a district is entitled, or a less number, is left en- 
tirely to the discretion of the Trustees. There might be 
500 children in a district, and only 300 of them attending 
the public schools. It would not be fair to oblige them to 
employ seven teachers when that number was not abso- 
lutely needed. 

1027. There is nothing in the law to prevent the wife of 
a Trustee from being employed as a teacher in the district 
in which he is a Trustee, providing her qualifications are 
such as are required by law and by the County Board. A 
wife's earnings are her own, if she so wills, as they cannot 
be attached for the husband's debts. Hence the husband 
is not interested in her contract to teach. 

1028. A teacher elected without notice having been 
given to all the Trustees of the meeting called for that 
purpose, is not legally elected. If the teacher does not 



OPINIONS OF STATE SUPERINTENDENTS. 439 

fulfill the law as laid down in Section 1696, subdivision first 
and second, the Superintendent is not only justified in 
withholding the warrant for her salary, but it is manifestly 
his duty to do so. 

1029. Without doubt a teacher has a right to search a. 
pupil's desk if he has suspicion of anything improper, and 
it is his duty to do so if he has any such suspicion. The 
law makes it obligatory upon teachers to teach morals and 
manners in all things. Pictures or letters of a bad ten- 
dency should be deemed contraband, and be confiscated. 
The desk does not belong to the pupil ; he is allowed only 
the use of it. 

1030. In a town in which only two teachers are employed 
the Trustees are not required to engage a teacher of two 
years' experience for the primary department. 

1031. According to the law, teachers must be elected at 
a regular meeting of the Board, notice of which must be 
sent to each member. 

1032. A teacher, whose work is more than he can well 
attend to, has no authority to employ an assistant who has 
no certificate, even though he does so out of his own means. 
Doing this would render his district liable to forfeiture of 
apportionment. Section 1860 of the Political Code is im- 
perative on this point. 

1033. A County Superintendent or a Board of Education 
have no authority for granting a teacher the privilege of 
absenting himself from an institute for the purpose of vis- 
iting schools in another county. 

1034. If there is any question as to a teacher's privilege 
to leave the school premises at the noon recess, he should 
be guided by the instructions of the Board of Trustees. 

1035. Teachers must confine their instruction to the 
course of instruction prescribed for the schools of the 
county or city. They are not at liberty to connect normal 
school work with that of schools of other grades. 

1036. When a teacher is employed to teach a school, that 
teacher is under the control of the Trustees, and the school 
should be opened in the school- house, not in a private house. 

1037. It is certainly very inadvisable for a teacher who 
has several grades in her school to allow older pupils to 

14 



440 OPINIONS OF STATE SUPERINTENDENTS. 

teach the younger ones, and in my opinion it is contrary to 
law, for teachers who do not hold certificates of qualifica- 
tion have no right to teach in the public schools. 

1038. It is entirely discretionary with the Trustees of a 
district to employ the entire number of teachers to which 
the district is entitled according to the number of census 
children, or to employ any less number. The needs of the 
school should determine the number of teachers to be em- 
ployed. It may happen, and often does happen, that a 
district by census would be entitled to draw money for four 
or five teachers, when from attendance not over two teach- 
ers are needed. This question has been decided several 
times by the Attorney-General in accord with the opinion 
above expressed. The census forms no factor in determin- 
ing the number of teachers to be employed. 

1039. The Board of Education or Board of Trustees of 
any district has the right to require the teacher to be pres- 
ent at the school at whatever time in the morning they may 
deem proper and necessary. The time ought to be a rea- 
sonable one. I think the rule of the State Board of Edu- 
cation, Section 1, page 230 of the School Law, is a very 
reasonable rule and should be observed, 

1040. Any teacher employed by a Board of Trustees for 
a specified time who leaves the school before the expiration 
of such time without the written consent of the Trustees, 
shall be deemed guilty of unprofessional conduct, and the 
Board of Education are authorized to suspend the certificate 
of such teacher for the period of one year. 

1041. There is nothing in the law that will prevent a 
teacher from giving instruction to pupils outside of school 
hours, except that when the teacher is a member of a Board 
of Education he is not at liberty to specially train pupils 
for teachers' examinations. If the Trustees desire to.per- 
mit a teacher to use the school building for the purpose of 
giving instruction to pupils outside of the regular school 
hours, they are at liberty to do so. 

TEACHERS, ELECTION OF. 

1042. If Trustees hold a meeting immediately after the 
election of Trustees and elect teachers at such meeting, or 
if they elect teachers at any time during the month of 
June for the succeeding school year, such election will be 



OPINIONS OF STATE SUPERINTENDENTS. 441 

null and void. Trustees can enter into no contract with 
teachers which extends beyond the HOth day of June in 
the year in which such contract is made. Teachers for 
next year cannot be legally elected prior to the 1st day of 
.July. A newly elected Trustee cannot enter upon the dis- 
charge of his duties prior to the 1st day of July following 
his election ; hence the proceedings of any meeting in 
which such newly elected Trustee took a part would be 
null and void. In either case the teachers cannot hold the 
Trustees liable. 

1043. Teachers can be employed only at a meeting of the 
Board of Trustees. Trustees, according to Section 1617, 
Subdivision 1, can transact business only at regular or 
special meetings. Any business transacted in violation of 
this provision is illegal and void. 

1044. The election of a teacher, unless made at a regular 
meeting, or at a special meeting of which every member 
lias had notice, is illegal and void. Subdivision 1 of vSec- 
tion 1617 of the Political Code is perfectly plain. 

TEACHERS, SPECIAL. 

1045. A Board of Trustees may employ a teacher of 
Spanish, over and above the studies prescribed by law ; 
but the County Board of Education must first authorize 
the teaching of Spanish, and they alone can grant the 
special certificate. This must be had. 

1046. Teachers of special branches must hold certificates. 
A district that employs an uncertificated teacher forfeits 
its apportionment. 

TEACHERS, SUBSTITUTE. 

1047. Xo teacher is entitled to draw money for teaching 
a grammar grade, unless she holds a first or grammar grade 
certificate. Subdivision 15 of Section 1543, says that no 
teacher holding a certificate below the grade of the school 
shall be allowed to teach the same. This would prevent 
the employment of substitutes in grammar grades who 
hold certificates of the second, or primary grade. 

1048. The holder of an expired certificate cannot, even 
with the consent of the Trustees, act as a substitute for 
another teacher. No person who is not the holder of a 
legal certificate in full force and effect, has a right to teach 
in the public schools. 



442 OPINIONS OF STATE SUPERINTENDENTS. 

1049. A person who does not hold a certificate cannot 
legally teach in any public school, and the Superintendent 
would be violating the law if he drew a warrant in pay- 
ment for the services of a substitute in a city school, or in 
any other public school. 

1050. No teacher has any right or authority to hire a 
substitute for any time whatever; this must be done by 
the Trustees, and the party employed must be the holder 
of a legal certificate in full force. The order for the salary 
of a substitute teacher must be made in favor of the sub- 
stitute. 

TERMS, MEANING OF. 

1051. "Two miles from a school-house " means by the 
usually traveled road or trail, and not an air-line. Dis- 
tances from county seats to the State capital or State prison 
are computed by the usually traveled route, and the same 
applies to the language "two miles from any school-house," 
as used in Section 1577. 

1052. An ungraded school is one in w'hich the various 
grades or classes are all taught by one teacher ; a graded 
school is one in which each teacher has but one grade, or 
at most two, under his charge. 

1053. The first school month means the first four weeks 
of the school term, including legal holidays, should any 
occur ; the second school month means the second four 
weeks of the school term, including legal holidays, and 
so on. 

1054. An old bachelor or a young one, who is keeping 
house, but who has no child or children under his guar- 
dianship, is not the head of a family as contemplated in the 
law. The ownership of land does not figure in such a 
case. (See Civil Code, Section 1261.) 

1055. " One year " means the period of twelve calendar 
months, and not the period during which the school was 
maintained during the year. 

1056. The words "exclusively forthe support of schools," 
mean that the funds are to be used for whatever is abso- 
lutely necessary to enable schools to be maintained for the 
eight months in the year; that is, for the payment of teach- 
ers' salaries, purchase of fuel, purchase of necessary sup- 



OPINIONS OF STATE SUPERINTENDENTS. 443 

plies, payment of janitors, etc. These words shut out 
repairs on buildings, school furniture, painting, wood for 
the ensuing term and everything not actually necessary. 

TEXT-BOOKS. 

1057. Section 1874 requires that Boards of Education 
shall, "immediately upon their publication," tile copies of 
newspapers containing advertisements inviting proposals 
for changes of text-books in the office of the Superintendent 
of Public Instruction. It is to be presumed that the Leg- 
islature, at the time of the passage of this provision, un- 
derstood that there was some object to be attained by 
inserting it in the law. A compliance with this provision 
is as' essential as is a compliance with any other legislative 
declaration. The local officer in any instance having failed 
to observe this provision, their proceedings are illegal, and 
not in compliance with the mandates of the law. Such an 
omission is a clear failure of official duty, and, if permitted, 
would have the effect of entirely defeating the object which 
the Legislature had in view in the passage of this provision 
of the law. It is a well-known rule of construction that 
officers in the performance of statutory duties are required 
strictly to follow those provisions which specify the manner 
in which they shall obtain jurisdiction to do a particular 
act, and any failure in this respect violates the entire pro- 
ceedings. 

While the question as to what constitutes a reasonable 
time in which to file a copy of the advertisements is one 
largely within the discretion of the Board, still, in any 
case, where the delay was such as to defeat the provision, 
the courts would undoubtedly review the action of the 
Board, and would probably set aside the proceedings. 

1058. Copy-books are text-books, and can be supplied 
b}'' the district only to children whose parents are unable 
to furnish them. Section 1620 does not apply to copy- 
books. 

1059. Subdivision second of Section 1874 of the Political 
Code, refers to change of text-books, and not to an original 
adoption ; and, therefore, does not circumscribe the action 
of a Board of Education in selecting those additional text- 
books necessary for the purpose of the school. 

1060. There is nothing in the law to prevent the adop' 



444 OPINIONS OF STATE SUPERINTENDENTS. 

tion of a text-book at any time. The book adopted, how- 
ever, must remain in force for four years. As no change 
can he made at any other time than in the months of May 
or June, a book adopted after those months could not be 
changed at the time that the Board will next advertise for 
proposals for changes of other text-books, but the book 
adopted would have to remain unchanged for nearly five 
years. 

1061. A book from which no instructions are given, 
merely used to sing an opening piece from, cannot be con- 
sidered a text-book ; and if the scholars are not compelled 
to buy it, and it does not interfere with the prescribed 
course of study, there can be no objection to its use. • 

1062. No book can be used as a text-book that is not on 
the list adopted by the County Board of Education. The 
County Board cannot authorize the use of books not on the 
list adopted by them, after having adopted a list to be 
used in the public schools of the county. 

1063. Song books are text-books, and cannot be pur- 
chased with the library fund. 

1064. If a certain class of books is not furnished by the 
State Board, under Article IX, Section 7, of the Constitu- 
tion, then Section 1874 of the Political Code is not super- 
seded as to such books. In regard to text-books not now 
provided for by the State, or not yet prepared under the 
authority of the State, I thmk the County Boards have 
the authority to adopt the same, and the contracts made 
should be until the State shall provide such books, but, in 
any event, not to exceed four years. (Attorney-General 
Johnson, January, 1888. 

1065. A County Board of Education cannot prescribe in 
the course of study two sets of text- books to be used by 
the pupils. 

1066. Copy-books are text-books, and they should be 
furnished by the pupils themselves. 

1067. County Boards of Education have the power, and 
it is their duty, to prescribe and enforce a uniform series 
of text-books, according to Section 1771 of the Political 
Code, in regard to subjects upon which the State publishes 
no books. They must proceed under tlie provisions of 
Section 1874 of the Political Code, according to the ruling 



OPINIONS OF STATE SUPERINTENDENTS. 445 

of the Attorney-General. When books have been adopted 
under contract, in pursuance of Section 1874, and the time 
of the contract has expired, the same books must be con- 
tinued in use, until legally changed, in accordance with 
the provisions of Section 1874, County Boards cannot 
legally make changes in text- books at any time or in any 
other manner than as provided by law, as given in Section 
1874, except so far as the State publishes the books. 

1068. Trustees can, in no case, determine the books to 
be used in their districts. 

1069. A " recommendation " cannot, in any sense, be 
considered equivalent to an adoption legally made; there- 
fore, a recommendation of a County Board would have no 
legal effect. 

1070. If a certain text-book is in use, with whose pub- 
lishers the contract has expired, and the County Board of 
Education "recommended" the use of a different book, 
districts following such recommendation and introducing 
such new book to the exclusion of the old, would be liable 
to the loss of twenty-five per cent, of their State School 
Fund, according to Section 1875 of the Political Code. 
Attorney-General Johnson says: " If the text-book recom- 
mended was not legally adopted by the County Board, as 
provided in Section 1874 of the Political Code," the dis- 
trict would be liable to lose, as above stated. 

TIME, IN SCHOOL TERM. 

1071. The time lost by Institute and legal holidays has 
no connection with tlie estimate for the eight months in 
which school must be taught. If a party has taught eight 
months, including the holidays and Institute week, in the 
eye of the law school has been maintained eight months. 
It is not necessary to make up loss of time occasioned bj' 
legal holidays or Institute days. 

TOBACCO. 

1072. If it proves that a pupil uses tobacco, except by 
direction or advice of his doctor, he should be directed not 
to use it; if he continues to use it, he should be punished 
for disobedience to the direction. 

TRANSFER OF CHILDREN. 

1073. Subdivision 15 of Section 1617 of the Political 



446 OPINIONS OF STATE SUPERINTENDENTS. 

Code does not give power to the Trustees of one district to 
receive children from another district, when contrary to 
the wishes of the latter. 

1074. The arrangement to transfer pupils from one dis- 
trict to another must be made by the Trustees of both dis- 
tricts, and to the mutual satisfaction of both. 

1075. Section 1617 of the Political Code provides that 
the Trustees of a school district have power to make ar- 
rangements with the Trustees of any other district for the 
attendance of such children in the school of either district 
as may be best accommodated therein. It is a matter left 
to the discretion of the district Trustees, and they are not 
compelled to admit to the school the scholars residing in 
other districts. 

1076. If no arrangements have been made for the attend- 
ance of children in a district other than that in which 
they reside, the Trustees of the district in which they de- 
sire to attend must exclude them. 

1077. The arrangement for the attendance of children in 
a district not their own must be made by the Trustees of 
both districts. It is only when they cannot agree that the 
County Superintendent may interfere, and then upon ap- 
peal to him by the parents of such children, 

1078. By subdivision 15th of Section 1617 of the Po- 
litical Code, the Trustees have power to make arrange- 
ments with the Trustees of any other district about the 
attendance of children not belonging therein, and in case 
of non-agreement, the matter is remitted to the decision 
of the County Superintendent. Children from outside the 
district, if not admitted under this provision of the law, 
have no right to free education in that school. If admitted 
as pay scholars, it is for the Trustees to admit or refuse, 
and to settle the amount of tuition to be paid by the non- 
resident pupils. 

1079. Subdivision 15 of Section 1617 gives the Superin- 
tendent the power to allow children to attend school in 
such district as their parents may select, upon the appeal 
mentioned in that section. 

1080. Children residing in one district can be permitted 
to attend school in another district only by mutual arrange- 
ment between the Boards of Trustees in both districts. 



OPINIONS OF STATE SUPERINTENDENTS. 447 

The arrangement cannot be made by one Trustee, but by 
the Trustees of the district in which the children live with 
the Trustees of the district in which the children wish to 
attend. No individual Trustee has any power to perform 
any act, except as authorized by the Board of Trustees. 

1081. Section 1617, subdivision 15, clearly indicates 
that the arrangement for pupils attending schools out of 
their own district must be made by a concurrence on the 
part of the Trustees of both districts and not simply with 
the Trustees of the district in which the pupils wish to at- 
tend. Proper discipline in the schools, if nothing else, 
would demand that the pupils should have the consent of 
the Trustees in their own district before they can be trans- 
ferred to another. 

1082. Under the law Trustees in one district are not 
authorized to receive pupils from another district without 
mutual arrangement between both bodies of Trustees, ex- 
cept, after appeal to the Superintendent, that officer de- 
cides in favor of the applicant for transfer. The law pre- 
supposes satisfactory reason for the transfer of pupils from 
one district to another. 

TRAVELING EXPENSES. 

1083. In my opinion, the necessary traveling expenses 
incurred by the Superintendent in visiting schools is as 
much a proper charge against the county as are stationery, 
lights, fuel, etc., for his office. In fact, as I view it, the 
Board of Supervisors of the county could, with as much 
consistency, refuse to furnish the Superintendent an office 
room as to refuse to allow him his necessaiy expenses in- 
curred in visiting the schools of the county. (Attorney- 
General A. L. Hart, February, 1882. 

1084. The County Superintendent of Schools is entitled 
to the payment of his necessary traveling expenses. 

1085. Subdivision sixth requires every Superintendent 
of Schools of a county to visit every school within his 
county at least once during every year of his term of office. 
The first year commences as soon as he takes office. The 
law does not expect impossibilities, and therefore the Su- 
pervisors should provide the means to enable him to dis- 
charge his duty in this respect; that is, they should pay 
his traveling expenses. 



448 OPINIONS OF STATE SUPERINTENDENTS. 

1086. Section 164 of the County Government Act has no 
bearing upon the traveling expenses of a County Superin- 
tendent; it relates to the compensation which public officers 
receive in the shape of salary or fees. Traveling expenses 
are neither fees, nor salaries, nor compensation. The pre- 
sumption of law is that the Supervisors, in performing 
their duty, will allow such claims for traveling expenses 
as are identical in amount with the sum advanced by the 
Superintendent in the performance of his duty. As the 
Superintendent neither gains nor loses by the operation, 
he is merely reimbursed, not compensated. His onlj'^ com- 
pensation comes out of his salary. Nor is there anything 
in the County Government Act which can be construed as 
repealing Section 1552 of the Political Code. If it is un- 
repealed, it is, of course, as imperative as any other provi- 
sion of law. 

1087. The salary of a County Supei-intendent is in com- 
pensation for all services performed; but the traveling ex- 
penses while in the performance of duty are a totally dif- 
ferent thing. They are not in the nature of compensation, 
or part compensation for services, nor in any sense emolu- 
ments. But they are reimbursements for the reasonable 
and actual outlays necessarily made by the County Super- 
intendent in the performance of his duties. It would be 
unreasonable and unjust to require that officer to defray 
these traveling expenses out of his own pocket, and would 
result inevitably in the poor discharge, or in the non- 
discharge of his duty — a, result which could never have 
been the intent of the law. 

1088. Whoever travels will certainly find that his hotel 
bills are a j)art of his actual traveling expenses, and there 
is no doubt that Section 1532 should be construed to in- 
clude such bills. 

1089. Attorney-General Johnson has, since the last 
session of the Legislature, given it as his opinion that a 
provision for the payment of the traveling expenses of a 
County Superintendent of Schools is not providing an in- 
crease of salary, but a reimbursement for moneys paid out. 

1090. John G. Pressley, Superior Judge of Sonoma 
County, in the case of F. McG. Martin v. Sonoma County, 
decided as follows: — 



OPINIONS OF STATE SUPERINTENDENTS. 449 

" This is an action brought by the County Superintend- 
ent of Schools for the amount of her actual and necessary 
traveling expenses in visiting schools. 

"The present incumbent was elected in 1886, and went 
into office on the first Monday in January, 1887. Sonoma 
county, for the purpose of fixing the salaries of officers, is 
a county of the sixth class. Section 168 of the County 
Government Act fixes the salary of the Superintendent of 
Schools at two thousand dollars. 

" Section 1552 of the Political Code was amended by 
the Legislature at the session of 1889 so as to read: 

"'Section 1552. Each County Superintendent shall re- 
ceive his actual, necessary traveling expenses, said ex- 
penses to be allowed by the Board of Supervisors, and to 
be paid out of the County General Fund, provided this 
amount shall not exceed ten dollars per district per annum. 
He shall also be allowed postage and expressage, payable 
out of the County School Fund, two dollars for each school 
district; providejl, that in incorporated cities, each school 
containing three hundred pupils shall be considered equal 
to one school district.' 

' ' By Section 9 of Article II of the Constitution it is 
provided that ' The compensation of any county, city, 
town, or municipal officer shall not be increased after his 
election or during his term of office; nor shall the term of 
any such officer be extended beyond the period for which 
he is elected or appointed.' 

"It is now contended on the part of the county that 
Section 1552 of the Political Code is not applicable to 
officers who were then elected, because to make it so ap- 
plicable would be an increase of compensation, and, there- 
fore, in conflict with the Constitution. 

"The words 'compensation' and 'salary' are used in 
the Constitution synonymously, (See Sections 21 and 24, 
Article VI; Section 2, Article IX.) It is this ' salary ' or 
' compensatian ' which the Legislature is forbidden to in- 
crease. But I do not perceive how the actual expenses of 
holding office, that must necessarily be paid by the officer 
before any official duty can be performed, can be called 
salary or compensation. No case has been decided by our 
Supreme Court directly in point; but the Constitution of 
the State of Illinois, in respect to increasing compensation 
of officers, is like the Constitution of this State. In the 



450 OPINIONS OF STATE SUPERINTENDENTS. 

case of Briscoe v. Clark County, 10 Rep., 141, the Su- 
preme Court of that State held that it was the compen- 
sation for the personal discharge of official duty that the 
Board of Supervisors could not raise, and that the expenses 
were to be determined by the necessity which the business 
of the office should develop. That being so, the allowance 
for expenses could be increased. The expenses incidental 
to the discharge of the duties of many of the offices, both 
State and county, are paid from the public treasury; and 
I have never heard it contended that such payment could 
be considered as 'compensation' or 'salary.' Clerks, As- 
sessors and Recorders are required by law, as a part of 
their duties, to record in the proper books the proceedings 
of the Courts, the assessment of property and the convey- 
ance of property. As a matter of fact the necessary books 
for these records have always been provided at the public 
expense; and I have heard no question raised, nor has it 
ever, to my knowledge, been contended that the price of 
these books should be paid out of the amount allowed 
these officers for compensation or salary. 

"By the Constitution of 1879 it is provided, Section 17, 
Article VI: ' Justices of the Supreme Court and Judges of 
the Superior Court shall severally, at stated times, during 
their continuance in office, receive for their services a 
compensation which shall not be increased or diminished 
after their election.' The Justices of the Supreme Court, 
created by the Constitution, were elected in 1879. In 
April, 1880, Section 47 of the Code of Civil Procedure was 
passed by the Legislature. That section, among other 
things, provides that ' The Justices and officers of the 
Supreme Court shall be allowed their actual traveling ex- 
penses in going to and from their respective places of resi- 
dence upon the business of the Court, or to attend its ses- 
sions.' The constitutionality of this provision for paying 
the expenses of the Justices and officers of the Court has 
not been questioned in any judicial proceeding. And I 
can hardly believe that the learned and conscientious Jus- 
tices of the highest tribunal of the State would allow their 
necessary traveling expenses, in addition to their salaries, 
to be paid out of the public treasury, unless they were 
well saListied that such payment was not an increase of 
compensation for tiieir services. The receipt of these ex- 
penses by these eminent jurists amounts practically to an 



OPINIONS or STATE SUPERINTENDENTS. 451 

expression of opinion by them that the law under which 
these payments were made is not in conflict with the Con- 
stitution. 

"I can see no difference between the payment of the 
expenses of these Justices and those of the Superintendent 
of Schools. 

*' It was contended that Section 32 of Article IV of the 
Constitution prevents the application of Section 1552 of 
the Political Code to the payment of expenses of oflRcers 
who had been elected when the section was amended. I 
am of the opinion that the ' extra compensation or allow- 
aiice ' which the Legislature has no power to grant, or 
authorize any county or municipal authority to grant, has 
reference to remuneration for services rendered, and not a 
reimbursement for expenses incidental to the discharge of 
official duties. The Court is of the opinion that the 
plaintiff is entitled to a judgment for $12.75, the amount 
of her claim, and it is ordered that judgment be entered 
accordingly." 

1091. Section 9 of Article XI of the Constitution, for- 
bidding the compensation of any county, city, town, or 
municipal officer from being increased after his election or 
during his term of office, only applies to the compensation 
for services to be rendered, and does not forbid an allow- 
ance for the incidental expenses of the office, to be deter- 
mined by the necessity which the business of the office 
may develop. (Kirkwood v. Soto, 87 Cal., 394.) 

1092. The County Government Act fixing a salary for 
County Superintendents of Schools "as compensation for 
services required of them by law, or by virtue of their 
office," does not prevent the application of the amendment 
to Section 1552 of the Political Code, made in March, 1889, 
allowing each County Superintendent his traveling ex- 
penses, and other incidental expenses connected with the 
office, to a County Superintendent holding office at the 
time of the amendment. (Kirkwood v. Soto, 87 Cal., 394.) 

TREASURER, COUNTY. 

1093. It is not the duty of the County Treasurer to re- 
port to the Superintendent the amount of money on hand 
in the shape of school funds in the treasury. He reports 
such fact to the Auditor, and the Auditor keeps a record 
of these funds open to the inspection of the public. 



452 OPINIONS OF STATE SUPERINTENDENTS. 

TRUSTEES. 

1094. No one can be a Trustee who is not a citizen of 
the United States and of the State of California. Such 
citizen may be either a male or a female. 

1095. No single Trustee, as an individual, has any au- 
thority in a school. Boards of Trustees and all deliber- 
ative bodies act by vote of the majority. 

1096. The Trustees are empowered to carry out, or to 
see carried out, the laws and regulations made by tlie con- 
stituted authorities in the State Board of Education. 

1097. A Board of Trustees act by vote of the majority 
at a session duly called. 

1098. The powers and duties of Trustees are clearly laid 
down in Section 1617 of the Political Code. Trustees once 
duly elected are to exercise their sound discretion, in con- 
formity to law, in the discharge of their duties, doing that 
which they believe to be for the best interests of the schools 
under their charge. While it is to be presumed that pub- 
lic officials will listen with respect to the views and wishes 
of their constituents, they are not bound, legally or morally, 
to obey or act on a petition on any subject coming from 
any source. 

1099. It is the duty of the school officers to see that the 
teacher performs his duties by teaching during the school 
hours. If he practices medicine, or performs or attends to 
other business, during the time for which his services are 
paid, they should refuse to pay him for time given up to 
his private business. 

1 100. When a School Trustee willfully disobeys the law, 
the proper thing to do is to lay the matter before the Dis- 
trict Attorney, and he will either give such advice or take 
such steps as may be necessary in the matter. 

1101. Section 1617 of the Political Code gives to the 
Trustees the power to prescribe and enforce rules, not in- 
consistent with law or those prescribed by the State Board 
of Education, for their own government and the govern- 
ment of the schools. It does not seem that they overstep 
their authority when they require a Principal or a teacher 
to consult them previous to inviting any person to address 
the pupils in a formal manner, and particularly when the 
regular work of the school is to be interrupted for any 



OPINIONS OF STATE SUPERINTENDENTS. 453 

considerable time. It is true tliat Trustees generally do 
not interfere, but leave such things to the discretion and 
good faith of the Principal or teacher. But when they 
demand to be previously consulted, the Principal or teacher 
ought to cheerfully comply. 

1102. One Trustee can do nothing by himself. The 
Board acts by its majority in a meeting duly called. 

1103. Trustees cannot be employed to assist in building 
a school-house in their own district. 

1104. It is a direct violation of the law for Trustees to 
close school on account of religious meetings of any denom- 
ination; and if they do violate the law in this way, the 
teacher is entitled to pay. 

1105. The Trustees, in drawing their orders on the Su- 
perintendent, should always designate the fund drawn 
upon. 

1106. The Trustees should always designate the fund 
drawn upon in their orders upon the County 8upei4ntend- 
ent. If they fail to do this, the Superintendent need not 
necessarily interpret the order to be drawn on the conntV 
fund. 

1107. Trustees are the sole judges of the degree of con- 
sideration to be given to petitions made to them by the 
patrons of the school for a change of teachers. In other 
words, the School Trustees have exclusive control of the 
matter of employing teachers, and neither the Superin- 
tendent of Public Instruction nor the County Superintend- 
ent of Schools has the right to interfere. Nobody has this 
right. 

1108. One of the Trustees cannot be employed in the 
capacity of carpenter to repair the school building, unless 
he donates his services. 

1109. Section 1876 of the Political Code forbids the fur- 
nishing of wood, water, stationery, or any supplies by a 
member of the Board of Trustees. Such contracts would 
be void, and any Trustee making such contracts may be 
removed from office. 

1110. If Trustees' actions are such as to constitute a 
public offense, legal proceedings can be commenced against 
them. (See Section 177, Penal Code.) 



454 OPINIONS OF STATE SUPERINTENDENTS. 

1111. A Trustee who is Clerk of the district cannot 
teach the district school, sign his own warrant, and draw 
his salary. (See Section 1876 of the Political Code.) 

1112. A Trustee can be dismissed from office for not 
visiting a school at least once a year. Section 1617, sub- 
division 19, makes it the positive duty of every Trustee to 
visit every school in his district at least once in each term. 

1113. The resignation of a Trustee should be tendered 
to and accepted iDy the County Superintendent. 

1114. A Trustee engaged in a general merchandise bus- 
iness is debarred by Section 1876 from having any trans- 
action with the school of his district whereby he receives 
any of the school money in pay therefor. 

1115. If Trustees close a school before an eight months' 
school has been maintained and use the money for the 
purchase of any articles or for repairs, they plainly violate 
the law, and the County Superintendent will not be at 
liberty to draw a requisition for an order in payment of 
bills contracted in violation of the law. 

1116. Trustees can transact business legally only at reg- 
ular or special meetings. (See Section 1617 of the Political 
Code, subdivision 1.) At every meeting there should be a 
presiding officer. When the Board organizes they should 
elect one of their number as President of the Board, and 
one as Clerk. Trustees very often transact business in a 
v^ery irregular manner, and often without calling a meet- 
ing at all. This is all wrong and in violation of the law 
above quoted. 

1117. No Trustee, member of a Board of Education, or 
member of a High School Board can delegate his powers 
to another. Officers cannot appoint proxies. 

VACANCY. 

1118. The Superintendent has not the power to fill 
vacancies in the Board of Education. The Board of Super- 
visors alone have this power. 

1119. When a Trustee has removed from the limits of 
his district, he vacates his office. He vacates his office by 
reason of any of the items specified in Section 996 of the 
Political Code. 

1120. The mere fact that a Trustee moves out of a dis- 



OPINIONS OF STATE SUPERINTENDENTS. 455 

trict does not of itself make his office vacant. He must 
have moved away with the intention of remaining away. 
If he intended to return again to the place from which he 
moved, his residence has not been changed. If, however, 
the incumbent of a local office ceases to be an inhabitant 
of the district, his office becomes ipso facto vacant, under 
the provisions of Section 996, Political Code. 

1121. A Trustee must reside in the district. His office 
would not become vacant, however, if he were to move out 
of the district temporarily, with the intention of returning. 
The fact of his name being on the great register and of his 
business in the district would not of themselves be suffi- 
cient. The matter of residence depends upon intention. 
(Political Code, Sec. 52.) 

1122. If a Trustee is employed in another county, claim- 
ing his absence to be temporary, and occasionally making 
visits into his district, and voting there on the day of elec- 
tion for Tinistee, his office does not become vacant. He is 
still a resident of his district, and is still entitled to bis 
office. 

1123. Section 996 of the Political Code, subdivision 5, 
makes a vacancy when a Trustee removes from the district, 
whether such Trustee resigns or not ; and it is the duty of 
the Superintendent to till the vacancy by appointment. 

1124. If a Trustee goes to work temporarily outside of 
the boundary of his district, leasing land owned by him- 
self in said district, but reserving a room on such leased 
land for a home for himself when out of employment, he 
retains his residence in his district, and does not forfeit 
his office ; especially is this the case if he attends properly 
to his duties as Trustee in his district. 

1125. If the clerk has moved out of the district, or if 
any Trustee moves out thereof, there will exist a vacancy; 
this vacancy must be filled by the Superintendent. 

1126. Failure to elect a Trustee causes a vacancy. (See 
Section 1614 of the Political Code as amended by the late 
Legislature. ) 

1127. If a Trustee neglects or refuses for the period of 
three months to attend to the duties of his office, his oflfice 
becomes vacant, unless he is prevented by sickness, or is 



456 OPINIONS OF STATE SUPERINTENDENTS. 

absent from the State by proper permission. (See Section 
996, subdivision 7, of the Political Code.) 

1128. A vacancy occurring in a Board of Education in a 
city of the fifth class must be filled by the members of the 
Board of Education, and not by the City Trustees of such 
city. 

1129. The removal of a School Trustee from the limits 
of the district immediately vacates his office. 

VACATIONS. 

1130. If school was closed on the first day of May — or 
May-day — by order of the Board of Trustees, the teacher 
is not compelled to make good the lost day, because, if the 
Trustees could declare a vacation of one day, and require 
the teacher to make up the same, they could, with equal 
propriety, declare a vacation of ten, twenty, fifty, or any 
number of days, holding the teacher to the same condi- 
tions. If, however, the school was closed without author- 
ity from the Trustees, it is the duty of the teacher to make 
good the lost time. 

1131. If a teacher is engaged to teach for a year, and 
during the course of that year the Trustees who employed 
such teacher declare a vacation of one week, the teacher 
is entitled to pay during that week. 

1132. If the vacation ordered by the Trustees of a dis- 
trict falls within the period covered by the contract, the 
teacher would be entitled to pay for the vacation, unless 
it is specially excepted by the terms of the contract. 

1133. A vacation ordered, no matter for what cause, 
does not cause the term to end and a new term to begin 
after the expiration of the vacation. The vacation oc- 
curring within the school year, simply holds the school 
exercises in abeyance during the continuance of such vaca- 
tion. When the school exercises are resumed, the resump- 
tion does not cause a new term to commence for any 
purpose. 

1134. For the usual and ordinary vacations of the school 
year, a teacher can make no just claim for salary, unless 
the contrary is specifically mentioned in the contract ; but, 
if a vacation is ordered by the Trustees at other than the 
usual times, or for a period longer than the usual period, 
the teacher can justly claim salary for the excess. 



OPINIONS OF STATE SUPERINTENDENTS. 457 

VOTING. 

1135. It is not legal for women to vote for School Trus- 
tees. The Constitution of California as yet gives the 
elective franchise only to male citizens. 

1136. A Trustee cannot vote by proxy; nor can a Trus- 
tee absent from the meeting of Trustees delegate to an- 
other the power to cast his vote. 

1137. Any male citizen who has been a resident of the 
State for one year next preceding an election, of the county 
ninety days, of the election precinct thirty days, and who 
has his name on the great register of the count}', is enti- 
tled to vote at any school election. 

WELLS. 

1138. Where it is necessary, the Trustees have the power 
to have a well dug and pay for it out of the school fund. 
It is as necessary as are those suitable out-houses, fruit 
and ornamental trees, which the Superintendent may re- 
quire the Trustees to provide. 

1139. If there is a balance on hand after an eight 
months' school has been kept, and a well has been dug, a 
pump purchased, and a fence built around the school 
grounds, these things can be paid for as bills outstanding 
against the district. 



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